Cities Index.
Agenda, regular meeting, second session

Campbell City Council
July 16, 2024

Document
Agenda, regular meeting, second session
Meeting
July 16, 2024
Body
Campbell City Council
Pages
42
Original file
103.8 MB
Text extracted from the city's file for reading and search. Open the original on www.campbellca.gov. That file is the official record.

I. CITY OF CAMPBELL AND PROJECT DESCRIPTION

A. Description of the City of Campbell
The City of Campbell is located in the West Valley area of Santa Clara County in the heart of Silicon Valley. Neighboring cities include Los Gatos, San Jose, and Saratoga.

The City has an area of approximately 6 square-miles and a population of approximately 43,000 residents.

B. Project Description
On April 18, 2023, the City of Campbell adopted the 2040 General Plan . The General Plan identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the city's residents and businesses.

As part of the General Plan, Goal LU -9 was included to facilitate the transition of Hamilton Avenue area into a vibrant, transit -oriented, mixed-use district with safe and convenient multi - modal connectivity, which an action to implement this goal through the preparation and adoption of a Precise Plan for the Hamilton Avenue area (see Hamilton Avenue Precise Plan Overview) as follows:

LU-9.a: Prepare and adopt a Precise Plan for the Hamilton Avenue area shown on Figure LU-2.

Figure LU-2: (Source: City of Campbell 2040 General Plan)

To undertake this effort, the City seeks to hire a consultant, or consultant team, that is experienced with the preparation of Area Plans, Specific Plans, or Precise Plans, with a focus on transportation improvements, community engagement, consideration of environmental impacts, gateway design, and presenting options, methodology, and recommendations to stakeholders and decision-makers.

As described in Appendix A – Preliminary Scope of Work, the City intends to work with the selected consultant to achieve the following key objectives: 1) identify preferred transportation

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improvements to occur in the Hamilton Avenue Precise Plan area as well as in its immediate vicinity with a focus on providing for better east-west connectivity across SR 17 for bicycles and pedestrians, including potential development of a new bridge and improved streetscape standards; 2) identify preferred gateway and architectural design features to occur at major roadway intersections within Precise Plan boundary as well as in its immediate vicinity; 3) identify options to amend the Precise Plan boundary to account for preferred transportation improvement and gateway and architectural design features; 4) analyze and consider policy changes consistent with MTC’s Transit-Oriented Communities Policies within the plan area; 5) partially design preferred transportation improvements and gateway features at a sufficient level of detail to produce accurate cost estimates; and 6) evaluate the environmental impacts of the project.

In performing these services, adherence to grant funding requirements and complete services within 30-months of the execution of the contract, as outlined in the preliminary scope of work, shall be essential.

II. PROPOSER DESIRED QUALIFICATIONS

The ideal firm or team would include the following disciplines and attributes:

1. Experience in plan preparation and environmental analysis: The consultant should have experience in preparing area, specific, and/or precise plans, and CEQA compliance documentation, ideally in the same state and region where the study will be conducted.

2. Expertise in urban design: The consultant should have experience in preparing gateway plans, public art, or design standards for the public realm in an urban setting.

3. Expertise in transportation network analysis and multimodal planning: The consultant should have experience in analyzing transportation networks, coordinating improvement plans with Caltrans and/or Regional Planning Agencies (such as the Metropolitan Planning Commission) and Regional Transportation Planning efforts, such as Plan Bay Area 2050.

4. Expertise in quantitative analysis: The consultant should have expertise in conducting quantitative analysis, including data collection, modeling, and statistical analysis with strong attention to detail and accuracy.

5. Collaboration skills: The consultant should have strong collaboration skills, as they will need to work with local stakeholders, including policymakers, housing advocates, developers, and community members.

6. Communication skills: The consultant should have excellent communication skills and be able to present complex data and analysis in a clear and understandable way to a variety of audiences.

7. Flexibility and adaptability: The consultant should be able to adapt to changing circumstances and be flexible in their approach to the study as new information becomes available.

8. Ethical standards: The consultant should adhere to the highest ethical standards and be committed to producing a fair and unbiased study that serves the best interests of the community.

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III. PRELIMINARY SCOPE OF WORK, PERIOD OF PERFORMANCE, AND BUDGET

A. Preliminary Scope of Work
The scope of work for the project is provided in Appendix A, Preliminary Scope of Work . The firm (“Consultant”) selected to enter into a contract will be expected to perform all work and analysis necessary to complete the scope of work.

All work will be assigned pursuant to City of Campbell -initiated task orders, that will include a specific scope of work based on the tasks identified in Appendix A, Preliminary Scope of Work.

Payment for work performed under task orders will be a fixed-fee and subject to the maximum funding approved or authorized by the City . A sample task order form is attached hereto as Attachment A-2, Task Order Form to Appendix D, City of Campbell Standard Consultant Contract.

B. Period of Performance
City of Campbell expects the work to commence on or about November 1, 2024, and to be completed no later than thirty months following execution of the contract or supplement to the Master Funding Agreement, whichever is later. At City of Campbell’s sole option, the contract may be extended six months for work contemplated by Appendix A, Preliminary Scope of Work.

C. Budget
City of Campbell has budgeted approximately four-hundred thousand dollars ($400,000) for this effort which will be funded, in whole or part, by federal funding.

V. CONSULTANT SELECTION TIMETABLE

July 17, 2024 RFP Release Date
August 16, 2024, at 4 p.m. (PST) Closing date/time for receipt of requests for modifications/exceptions
No later than three (3) business days prior
to the date proposals are due.

Deadline for protesting RFP provisions
September 3, 2024, at 4 p.m. (PST) Closing date/time for receipt of proposals September 9, 2024, at 4 p.m. (PST) Good Faith Forms Deadline (reference Appendix F-4)
Week of September 29, 2024* Consultant Interviews (if needed) Week of October 21, 2024* Proposal Review Completed
Week of November 4, 2024* Notice of Intent to Award
November 19, 2024* Consultant Award
*Interview, award and approval dates are approximate and are subject to change before or after the closing date of the RFP.

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VI. SUBMITTAL OF PROPOSALS

1. Interested firms must submit one printed hard copy proposal and USB drive containing a digital copy of the proposal in PDF format to: City of Campbell, Office of the City Clerk, 70 N. First Street, Campbell, CA 95008 and must also submit and one electronic proposal, in PDF format as an email attachment or as a hyperlink to the PDF file, emailed to [email protected] by the closing date and time for receipt of proposals.

2. The Transmittal Letter of the Proposal is to be addressed as follows:

Hamilton Avenue Precise Plan
Attention: Office of the City Clerk
70 N. First Street
Campbell, CA 95008

3. The Title Page of the RFP must include the name of the Proposer's firm, local address, telephone number, name of contact person, contact person’s email and date.

4. RFPs must be received physically in hard copy and by email no later than September 3, 2024, at 4 p.m. (PST). City of Campbell is not responsible for submissions delayed for any reason.

Proposals received after the time and date specified will not be considered and will be returned to the Consultant.

5. Proposer agrees and acknowledges all RFP specifications, terms and conditions and indicates ability to perform by submission of a proposal.

6. If selected, a signed proposal submitted to City of Campbell in response to this RFP shall constitute a binding offer from Proposer to contract with City of Campbell according to the terms of the proposal for the duration of the performance period of the resulting contract.

7. A proposal may be withdrawn at any time before the date and time when proposals are due by emailing a digitally signed withdraw letter to [email protected]. Please ensure that the withdraw letter includes statements indicating the request to withdraw and that the person or persons signing the withdraw letter is/are authorized to authorize and withdraw the Proposal on behalf of the Proposer.

8. This RFP does not commit City of Campbell to award a contract or to pay any costs incurred by any Proposer in the preparation of a proposal in response to this RFP.

9. Only one proposal will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response.

10. City of Campbell reserves the right to accept or reject all proposals submitted, waive minor irregularities, request additional information, or revisions to offers, and negotiate with any or all Proposers.

11. City of Campbell reserves the right in its sole discretion not to enter into any contract as a result of this RFP.

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12. If the selected Proposer fails to enter into a contract with City of Campbell in a timely manner as determined by City of Campbell, in accordance with the terms and conditions of this RFP, City of Campbell reserves the right to reject the proposal and enter into a contract with the next highest scoring Proposer.

VII. FORM OF PROPOSAL

Proposals must be signed and include a statement that the person or persons signing the proposal is/are authorized to authorize and submit the Proposal on behalf of the Proposer. Page limits, where specified, are for single-sided print.

Proposal content and completeness are most important. Clarity is essential and will be considered in assessing the Proposer’s capabilities.

Proposers must provide the information listed below. Any material deviation from these requirements may be cause for rejection of the proposal, as determined in City of Campbell’s sole discretion.

In order to expedite the evaluation process, each proposal shall be organized in accordance with this section. Proposals that do not follow the specified format outlined below, or fail to provide the required documentation, may receive lower scores, or if found to be non-responsive, be disqualified. In the event of any conflict between any of the proposal documents, resolution thereof shall be in the City’s sole discretion. Proposals shall include the following information in the format indicated.

A. Transmittal Letter
Proposals must include a transmittal letter signed by an official authorized to solicit business and enter into contracts for the firm and containing the name and telephone number of a contact person, if different from the signatory. Indicate whether there are any conflicts of interest, actual or apparent, that would limit the Proposer’s ability to provide the requested services and describe the plan for mitigating such conflicts. Acknowledge the receipt of this RFP and any Addendum to the RFP. Indicate that the proposal is a firm offer to enter into a contract to perform work related to this RFP for a period of ninety (90) days from the due date for proposals.

B. Title Page
Proposals must include a title page that includes the RFP subject, the name of the Proposer’s firm, local address, telephone number, name of contact person, contact person’s email address, and the date.

C. Table of Contents
Proposals must include a table of contents that includes a clear identification of the material by section and page number.

D. Overview and Summary
This section should clearly convey the Proposer’s understanding of the nature of the work and the general approach to be taken and identify any specific considerations. It should include, but not be limited to, the following:

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1. A discussion of the project’s purpose;

2. A summary of proposed approach; and

3. The assumptions made in selecting the approach.

E. Organization Chart & Staff Qualification
The proposal shall detail the organization structure of the team including names and positions of the Project Manager and personnel to be assigned to the project, as well as provide resumes and relevant experience of the Project Manager and key staff. These should clearly demonstrate the Consultant’s qualifications to perform the project activities described in this RFP. Include resumes of subcontractors, if applicable.

F. Work Plan
This section should present a work plan for the tasks described in Appendix A, Preliminary Scope of Work. The proposed work plan should:

1. Discuss how the Proposer will conduct the identified task, identify deliverables, and propose a schedule. The proposal should discuss the tasks in sufficient detail to demonstrate a clear understanding of the project and component tasks. The proposal may include additional tasks or sub-tasks the Proposer believes necessary to accomplish the project goals. The schedule should show the expected sequence of tasks, subtasks and milestones.

2. Provide a staffing plan for each task. Shows roles and responsibilities of key personnel and reporting structure, including reporting and communication relationships between City of Campbell, Proposer staff, and subcontractors, if any.

3. Describe approach to managing resources and maintaining quality results. Include a description of the role of any subcontractors, their specific responsibilities, and how their work will be supervised to maintain quality results.

4. Identify and explain any problem areas and/or potential obstacles (such as maintaining schedule, budget overruns, feasibility, etc.) to successful completion of the Preliminary Scope of Work, attached as Appendix A. Discuss methods, formal and informal, that you will use to track and resolve these problems/obstacles during the project.

G. Qualifications and References

1. Describe proposed team’s qualifications specific to the requirements set forth in Section II, Proposer Minimum Qualifications. Identify the personnel, including subcontractors’ personnel, whose expertise or experience addresses each of the specified needs. Proposers are welcome to identify and provide examples of any other qualifications they feel are critical to the successful completion of the Preliminary Scope of Work attached as Appendix A.

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2. Identify key personnel (including subcontractor personnel) and briefly discuss individual qualifications to perform each task. Each key personnel resume should not exceed two pages.

3. Provide a succinct description (one page maximum) of any previous projects similar to the Preliminary Scope of Work attached as Appendix A, indicating the project title, duration, budget, sponsoring agency and sponsor project manager, and roles played by individuals proposed for this project. Include the name of the agency for whom the work was performed, year performed, name of the contact person and their telephone number and email address.

4. Provide at least one sample of a written technical report or memo and two samples of material developed for a similar study effort. The samples must have been prepared by key members of the Proposer’s team and should identify the authors. Only one copy of each sample is required, and the samples will be returned after proposal evaluation, upon request. The samples will be considered in evaluating firm and staff expertise and experience, and written presentation effectiveness.

5. Provide a list of references (including references for subcontractors) and their contact information.

H. Cost Proposal

Based on the tasks and staffing plan described in response to F.1 and F.2, listed above, provide a breakdown of the expected expenditures of funds for each task in each phase contained in Appendix A, Preliminary Scope of Work. The budget should include, but is not limited to, a task budget and a line item budget with billing rates for each phase.

1. The task budget should present a breakdown of hours and expenses by task and deliverable in each phase of the project for each consultant, including any subconsultants. It should identify or refer to key personnel or job descriptions in relation to each task to provide a full explanation of the resources committed to the project.

2. A line item budget should be submitted. The line item budget should present a breakdown of costs by cost categories, including billing rates for key personnel and job classifications. The line item budget should be set forth on the Cost and Price Analysis Form attached as Appendix B to this RFP. A line item budget should also be submitted for any proposed sub-consultants. Appendix B is available in electronic spreadsheet format upon request. The line item budget is requested for evaluation purposes only; payment shall be based on receipt of deliverables satisfactory to City of Campbell.

3. Please include information (date and outcome) on the Proposer’s most recent pre- award audit, if applicable.

I. Disclosure of Litigation
Consultants shall disclose any litigation in connection with prior projects. If there is any litigation, the consultants shall briefly describe the nature of the litigation and the result.

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J. California Levine Act Statement

Submit a signed California Levine Act statement (Appendix C).

K. Insurance Provisions

Submit a signed acknowledgement, for Proposer only, that the Proposer agrees to provide the required certificates of insurance providing verification of the minimum insurance requirements listed in Appendix D-1, Insurance Requirements, within ten (10) days of City of Campbell’s notice to firm that it is the successful Proposer.

(See Section IX.B of the RFP for how to request exceptions to the minimum insurance requirements.)

L. Taxpayer Identification Number and Certification

Submit a W-9, Request for Taxpayer Identification Number and Certification for Proposer only (containing original signature) available at http://www.irs.gov/pub/irs- pdf/fw9.pdf.

M. Federal Requirements

Submit all completed federal-required certifications in Appendix E, Federal Requirements, related to lobbying, debarment, and Disadvantaged Business Enterprise (DBE) subcontractor information (Appendices E-1, E-2, and E-3.) DBE Goals will be assigned at the Task Order level, however Proposers are required to submit form Exhibit 10-O1 of Appendix E-2 indicating DBEs that may be engaged on this contract as per the Preliminary Scope of Work in Appendix A.

VIII. PROPOSAL EVALUATION

A. Review for General Responsiveness

The City of Campbell Evaluation Committee will conduct an initial review of the proposals for general responsiveness and inclusion of the items requested in Section VII, Form of Proposal.

Proposers failing to meet the Minimum Qualifications listed in this RFP or to satisfy the federal Disadvantaged Business Enterprise (DBE) requirements (inclusive of the Good Faith Efforts in Appendix E-3), will not be considered responsive. Also, any proposal that does not include enough information to permit the evaluators to rate the proposal in any one of the evaluation factors listed below will be considered non-responsive and will not be evaluated. A proposal that fails to include one or more items requested in Section VII, Form of Proposal may be considered responsive, if evaluation in every criterion is possible. City of Campbell reserves the right to request additional information from responsive Proposers prior to evaluation.

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B. Evaluation Committee and Evaluation Criteria

Responsive proposals will then be evaluated by the Evaluation Committee of City of Campbell .

The evaluation of the proposals shall be within the sole judgment and discretion of the Evaluation Committee.

Responsive proposals shall be evaluated on the basis of the following evaluation factors, with their relative importance indicated by percentages:

Criteria Weight (without interviews) Weight (with interviews) Completeness of Response Pass/Fail Pass/Fail
General qualifications 10% 3%
Relevant experience 15% 13%
Proposed staffing 15% 13%
Proposed approach 15% 13%
References 15% 13%
Cost 30% 30%
Interviews (if conducted) 15%
TOTAL 100% 100%
Optional Tasks

Points will be allocated based on the relative difference between the lowest overall Proposed Total Price and each other Proposal. The lowest proposed total price will be 100%. (see Column B below). The Potential Points (Column A) will be multiplied by the percentage applicable to each Proposal (Column B). The Proposal with the lowest overall price will receive 100% of their Price evaluation points and the remaining firms will receive a weighted portion of the points based on the following formula (see Column C below).

For example:

A B C
Proposer Proposed
Total
Price
Potential
Points
% of Evaluation
Points Assigned
Points
Received
Proposer X $250,000
30 100%

30 Proposer Y $269,000
$250K (lowest
proposed total
price) divided by
Proposer Y
proposed total price
= 92.9%

27.88 (Potential
Points
multiplied
by 92.9%)
Proposer Z $275,000
$250K (lowest
price) divided by
Proposer Z
proposed total price
= 90.9%

27.27 (Potential
Points
multiplied
by 90.9%)

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C. Proposer Interviews

Following the initial evaluation and reference checks, the evaluation panel may elect to recommend award to a particular Proposer (with or without interviews) or convene interviews with a “short list” of Proposers, in the event more than five Proposals are received, consisting of those Proposers reasonably likely, in the opinion of the panel, to be awarded the contract.

City of Campbell reserves the right not to convene interviews and to make an award on the basis of initial proposals. References may be contacted at any point in the evaluation process.

D. Recommendation for Contract Award

The Evaluation Committee will recommend the selected Proposer to the City Council of the City of Campbell, based on their evaluation of the proposals based on the evaluation criteria. The Evaluation Committee will notify Proposer’s who submitted a proposal of the results of the recommendation for a contract award by email in accordance with Section V Consultant Selection Timetable. Any appeals received by the deadline established by Section V Consultant Selection Timetable shall be reviewed and processed in accordance with Section IX General Conditions subsection C. The City Council will review the recommendation and, if they agree, will authorize execution of the consultant services agreement and related materials.

IX. GENERAL CONDITIONS

A. Award

Any award made will be to the Proposer whose proposal is most advantageous to City of Campbell based on the evaluation criteria defined in Section VIII Form of Proposal. If the selected firm fails to enter into a contract with City of Campbell in a timely manner as determined by City of Campbell, in accordance with the terms and conditions of this RFP, City of Campbell reserves the right to reject the proposal of the selected firm and enter into a contract with the next highest scoring firm.

B. Contract Arrangements

City of Campbell Standard Consultant Contract is attached as Appendix D. If a Proposer wishes to propose a change to any standard City of Campbell contract provision, the provision and the proposed alternative language must be submitted by emailing [email protected] and including the specific changes requested prior to the closing date. If no such change is requested, the Proposer will be deemed to accept City of Campbell’s standard contract provisions, unless such language is protested in accordance with Section C below.

The selected Consultant will be required to maintain insurance coverage, during the term of the contract, at the levels described in Appendix D-1, Insurance Requirements. Proposer agrees to provide the required certificates of insurance providing verification of the minimum insurance requirements in Appendix D-1, within ten (10) business days of City of Campbell’s notice that it is the successful Proposer. Requests to change City of Campbell’s insurance requirements or other provisions of the contract should be submitted on or prior to the closing date for receipt of

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requests for clarifications/exceptions. City of Campbell will review the requests and issue an addendum if material changes requested by a prospective Proposer are acceptable. Objections to City of Campbell determinations on requests to change insurance requirements or other provisions of the contract pursuant to the protest provisions of this RFP must be brought to City of Campbell’s attention no later than the deadline for protesting RFP provisions or compliance with all material insurance requirements or other provisions of the contract will be assumed.

The contract resulting from this RFP will be a fixed-fee subject to the maximum funding approved or authorized by the City, with payment based on City of Campbell’s receiving of satisfactory deliverables.

Consultant’s performance under any contract issued resultant of this RFP will be evaluated and the evaluation information may be considered as part of the evaluation for any other City of Campbell projects for which the Consultant submits a proposal for three years after services are performed.

C. Selection Disputes

A Proposer may object to a provision of the RFP on the grounds that it is arbitrary, biased, or unduly restrictive, or to the selection of a particular Proposer on the grounds that City of Campbell procedures, the provisions of the RFP or applicable provisions of federal, state or local law have been violated or inaccurately or inappropriately applied by emailing [email protected] a written explanation of the basis for the protest as follows:

1. No later than 4:00 p.m. on the third business day prior to the date proposals are due, for objections to RFP provisions; or

2. No later than 4:00 p.m. on the third business day after the date the firm is notified that it did not meet the minimum qualifications or was found to be non-responsive; or

3. No later than 4:00 p.m. on the third business day after the date in which City of Campbell posts the award notice and signed memo authorizing award on the City of Campbell website, or if applicable the date the appropriate committee authorizes award, whichever is later, for objections to Proposer selection.

Except with regard to initial determinations of non-responsiveness, the evaluation record shall remain confidential until the City of Campbell authorizes award.

Protests of recommended awards must clearly and specifically describe the basis for the protest in sufficient detail for the Evaluation Committee to recommend a resolution to the Community Development Director.

The Community Development Director will respond to the protest in writing, based on the recommendation of the Evaluation Committee, by either reaffirming the decision or issuing a new decision based on the evaluation criteria defined in Section VIII. Should a Proposer wish to appeal the decision of the Community Development Director, it may file a written appeal with the City Clerk, no later than 4:00 p.m. on the third business day after receipt of the written response from the Community Development Director for consideration by the City Council. The City Council decision will be the final agency decision.

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Authorization to award an agreement to a particular Proposer by City of Campbell shall be deemed conditional until the issuance of the City Council’s decision.

D. Public Records
City of Campbell is required to comply with the California Public Records Act (Government Code §6250 et seq.). In the event that City of Campbell receives a request under the California Public Records Act for any information clearly marked as confidential received from a Proposer, City of Campbell shall promptly notify the Proposer of such request prior to release of such information so as to enable the Proposer to seek a court order protecting such information from disclosure. It is understood that City of Campbell cannot withhold information beyond the legal timeframe required for responding to a request under the California Public Records Act.

E. Key Personnel
Key Proposer personnel assigned to the project are expected to remain on the project. Any change in key personnel on the proposed project team is subject to prior written approval of City of Campbell. Removal of any key personnel identified in the proposal without written consent of the City of Campbell Project Manager may be considered a material breach of contract.

F. Conflicts Of Interest
By submitting a proposal, the Proposer represents and warrants that no commissioner, officer, or employee of City of Campbell is in any manner interested directly or indirectly in the proposal or in the contract that may be made under it or in any profits expected to arise therefrom, as set forth in California Government Code Section 1090.

The Proposer further warrants and represents that it presently has no interest and agrees that it will not acquire any interest that would present a conflict of interest under California Government Code Sections 1090 et seq. or 87100 et seq. during the performance of services under any contract resulting from this RFP and that it will not knowingly employ any person having such an interest. Violation of this provision may result in the contract being deemed void and unenforceable.

Whenever City of Campbell is awarding a contract that involves the rendering of advice, it will consider whether there exists the potential for bias, because of other activities, relationships or contracts of the Proposer, and if so, whether any potential bias can be mitigated acceptably by City of Campbell and the Proposer. After award, the winning Proposer shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed under the agreement resulting from this and other City of Campbell solicitations. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to City of Campbell; a firm or person’s objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other project.

Proposer shall not engage the services of any subcontractor or independent contractor on any work related to this RFP if the subcontractor or independent contractor, or any employee of the subcontractor or independent contractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this RFP.

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G. Personally Identifiable Information
Proposer agrees to comply with the special provisions related to the access and protection of personally identifiable information set forth in Attachment F, Special Conditions Relating to Personally Identifiable Information of Appendix D, City of Campbell Standard Consultant Contract.

H. Communication
Proposer agrees to submit all communication and required documentation, including but not limited to invoices, requests for contract modifications, etc. to the City of Campbell City Contact or his/her designee via email at [email protected] unless an alternative email address is identified.

I. Disadvantaged Business Enterprise (DBE) Requirement

Effective July, 2012, the California Department of Transportation (Caltrans) requires recipients of DOT grant funds through Caltrans to impose the following DBE utilization requirements on its consultants and contractors or require sufficient documentation to demonstrate a good faith effort toward achieving them. Consultant’s DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. See Appendix E, Federal Requirements.

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APPENDIX A, PRELIMINARY SCOPE OF WORK

The City of Campbell (“AGENCY”), with the assistance of a professional consultant or professional consultant team (“CONSULTANT”), shall complete the following:

Task 1 – PROJECT INITIATION AND MANAGEMENT

1.1: Project Management
The AGENCY shall administer the PDA Planning Grant and oversee the services of CONSULTANT. The AGENCY shall establish regular interactions with the Metropolitan Transportation Commission (MTC) Grant Manager to relay information and solicit feedback about the project. The CONSULTANT shall establish regular interactions (every two weeks) with the AGENCY to relay information, solicit feedback, and participate in working sessions.

1.3: Award Consultant Contract
AGENCY shall attend a meeting with the City Council to:
• Provide a brief overview of the scope of services to be provided by CONSULTANT based on their response to RFP.
• Identify and solicit direction on funding for costs that will not be covered by the grant or could be performed as additional optional tasks.
• Approve and award contract to CONSULTANT.

1.4: Kick-off Meeting
CONSULANT shall attend an initial project meeting with AGENCY to:
• Establish communications and reporting strategy, identify project team members, and other project needs.
• Review, revise, and refine project goals, scope of work, schedule, and confirm key responsibilities.
• Discuss the Hamilton Avenue Precise Plan and relevant background materials.

1.5: City Council Introductory Meeting
CONSULANT shall prepare and present a report to the City Council and AGENCY to:
• Introduce key members of the CONSULTANT team involved in the work effort. • Present refinements to project goals, scope of work, or schedule (if necessary). • Present stakeholder engagement strategy and plan for the creation of an advisory body.

Task 1 Deliverables:

1.4: Meeting notes and draft stakeholder engagement strategy.

1.5: Meeting materials including but not limited to PowerPoint presentations, and meeting materials.

Task 2 – PUBLIC ENGAGEMENT

2.1: Stakeholder Engagement Strategy
CONSULTANT, in partnership with AGENCY, shall draft a stakeholder engagement strategy.

The stakeholder engagement strategy shall include a toolbox and options of outreach methods (e.g. meeting format, discussion topics, meeting management tools). The toolbox shall include the creation of a standing advisory body with key stakeholders, potentially including staff from

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the Metropolitan Transportation Commission (MTC), Caltrans, property owners, community members, and board/commission members. Engagement strategy shall also include up to 3 intercept surveys targeting bicycle and pedestrian users in the area and one public survey.

2.2: Standing Advisory Body
CONSULTANT in partnership with AGENCY shall solicit and appoint individuals to serve on the standing advisory body and facilitate the meetings. CONSULTANT shall:
• Identify and provide a list of interested parties and groups (e.g. Campbell residents, businesses, biking coalitions, Community Based Organizations etc.) to participate in project process.
• Draft and finalize application questions in partnership with AGENGY and create a web based application form.
• Compile submitted applications for AGENCY review.
• Organize, schedule, facilitate, and manage in-person and virtual meetings and discussions for all Advisory Body meetings (up to 7).
• Assemble meeting agendas, materials, and summaries and distribute to all advisory body members.
• Facilitate walking tours (up to 2) of the study area as necessary.

2.3: Community Meetings & Outreach
CONSULTANT shall organize, prepare for, facilitate, attend, and manage all community meetings and outreach. CONSULTANT shall:
• Create, distribute, and post community/stakeholder meeting advertisements. • Take meeting notes.
• Assemble and prepare meeting agendas, materials, and meeting summaries. • Organize, facilitate, and manage in-person and virtual meetings for all community/stakeholder meetings (up to 7).
• Periodically provide resources and content for AGENCY publication on the City website and for distribution through email.

2.4: Public Hearings
AGENCY shall schedule public hearing dates and coordinate all legal public noticing for meetings.

The CONSULTANT shall prepare for and attend all public hearings. The CONSULTANT shall assist in the preparation of staff reports and meeting materials (e.g., PowerPoint presentations, supporting exhibits, graphics), presenting, and facilitating discussion on specified topics to receive feedback.

Task 2 Deliverables:

2.1: Standing Advisory Body
• Stakeholder engagement strategy

2.2: Standing Advisory Body
• List of interested parties and groups for Standing Advisory Body. • Application questions and web-based application form. • Submitted advisory body application forms.
• Prepare for (including drafting meeting agendas and materials) and attend up to seven (7) Advisory Group meetings and provide post-meeting summaries. • Prepare for, facilitate, and attend two (2) walking tours of the study area.

2.3: Community Meetings & Outreach

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• Create, distribute, and post community/stakeholder meeting advertisements. • Take meeting notes.
• Assemble and prepare meeting agendas, materials, and meeting summaries. • Organize, facilitate, and manage in-person and virtual meetings for all community/stakeholder meetings (up to 7).
• Periodically provide resources and content for AGENCY publication on the City website and for distribution through email.

2.4: Public Hearings
• Prepare for and attend up to one (1) Bicycle Pedestrian Advisory Committee meeting.

Inclusive of preparing meeting materials.
• Prepare for and attend up to one (1) Civic Improvement Commission meeting.

Inclusive of preparing meeting materials.
• Prepare for and attend up to six (6) Planning Commission meetings and provide post- meeting summaries. Inclusive of preparing meeting materials. • Prepare for and attend up to seven (7) City Council meetings and provide post- meeting summaries. Inclusive of preparing meeting materials.

Task 3 – EXISTING CONDITIONS ANALYSIS

3.1: Existing Conditions Report
CONSULTANT shall perform all the following tasks:
• Evaluation of existing conditions in the Precise Plan Area as well as its immediate vicinity.
o The immediate vicinity shall include properties along Hamilton Avenue up to the intersection of Hamilton Avenue with Winchester Boulevard and Bascom Avenue, as well as all properties on all four corners of the street where they intersect.
o The existing conditions analysis shall involve an evaluation of both public (rights-of-way) and private property, and infrastructure. o The existing conditions analysis will identify existing traffic patterns (e.g., origins and destinations) for AM and PM peak hours for bikes, pedestrians, cars, and the Hamilton Light Rail Station building on work to be studied as part of the Hamilton/SR 17 Bicycle Overcrossing Feasibility Study. o An analysis of travel/transit patterns including commute distance, mode, and travel time.
o A summary of existing City Streetscape Standards in the area. o Progress made of Public Works Improvement Projects (see Task 5). o A gap analysis for station access, as stipulated in MTC’s TOC policies. • Conduct a Pedestrian Safety Audit, with a specific focus on: pedestrian safety and crossings at Highway 17 interchange and high volume driveways, Hamilton Avenue intersections at Winchester Boulevard and Bascom Avenue, respectively, and other intersections as may be identified by city staff. At a minimum, the Pedestrian Safety Audits should be conducted in a manner consisten t with A Technical Guide for Conducting Pedestrian Safety Assessments for California Communities (U.C. Berkeley Institute of Transportation Studies, Technology Transfer Program, 2013; see link). • Conduct a Bicycle Safety Audit based on industry best practices. Observe existing facilities and challenges to bicyclists through the study corridor. Note in particular the

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challenges bicyclists may encounter at signalized intersections, high-volume driveways, and Hamilton Avenue/Highway 17 on-ramps. Refer to the Final Santa Clara Countywide Bicycle Plan 2018 (see link for main text and Appendix link) and VTA’s Bike Level of Stress Map (see LTS map).
• Attend field visits and identify infrastructure needs, including bikeway gaps, and accessible improvements.

Task 3 Deliverables:

3.1: Existing Conditions Analysis

Task 4 – ROADWAY IMPROVEMENT & GATEWAY FEATURES PLAN

4.1: Draft Roadway Improvement Plan
CONSULTANT shall recommend public improvements (inclusive of roadway improvements, bicycle infrastructure, pedestrian network improvements, and stormwater facilities) for the entire study area accounting for build-out scenarios and alternatives identified in Task 5 (Development Buildout and Alternatives Analysis). The Roadway Improvement Plan, prepared by the CONSULTANT, shall focus on the identification of transportation improvements to occur in the Hamilton Avenue Precise Plan area as well as in its immediate vicinity with a focus on providing for better east-west connectivity, particularly to the VTA light rail station. The Public Improvement Plan shall be at a conceptual level. The CONSULTANT shall identify interim pedestrian and bicycle safety measures to allow pedestrians and bicyclists to safely navigate the study area (with a particular focus on the Hamilton Avenue and Highway 17 overcrossing intersection). The interim pedestrian and bicycle safety measures shall be coordinated with Caltrans, where necessary. A conceptual cost estimate shall be prepared for the interim pedestrian and bicycle safety measures.

The CONSULTANT shall ensure this task is coordinated with, and built upon the work of the following Public Works Department projects:

➢ Hamilton Avenue Resurfacing Project
The project currently being designed and scheduled for implementation in 2025 will resurface approximately 2.8 centerline miles of pavement on Hamilton Avenue, a six- lane arterial roadway within the City of Campbell. The project will also construct “Complete Streets” elements such as: 1) bicycle facilities to close the gap in the regional bike network by providing an east-west connection; and 2) pedestrian facilities by installing ADA compliant curb ramps.

How this project supports the development of the Hamilton Ave. Precise Plan:
o Will provide a detailed curb-to-curb geometric plan of existing conditions of entire Hamilton Avenue corridor.
o Will provide bicycle markings for the entire Hamilton Avenue corridor.

➢ Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study The Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study currently underway will evaluate how best to improve bicycle and pedestrian mobility on Hamilton Avenue over State Route 17. The goal of the study is to develop feasible alternatives, assess the impacts of each alternative, and determine a preferred alternative to carry forward to final design. The project will study existing bicycle

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and pedestrian facilities along Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts, alternative alignments, impacts to utilities and right-of-way, environmental impacts, structural and geotechnical constraints, recommended preferred alignment, and preliminary project cost estimates.

The project location is Hamilton Avenue between the Highway 17 Southbound Off- ramp/Salmar Avenue and Creekside Way.

The study will include an evaluation of alignment alternatives. The outcome will be a preferred alternative with a proposed alignment, type of structure, and planning level cost estimate.

How this project supports the development of the Hamilton Ave. Precise Plan:

Will provide feasible and preferred alignment alternatives with planning level cost estimates.

➢ The Hamilton Avenue/Highway 17 Southbound Off-Ramp Widening Project The Hamilton Avenue/Highway 17 Southbound Off-ramp Widening Project will prepare final design plans, specifications, and engineer’s estimate for widening the off-ramp to improve traffic operations at the Hamilton Avenue/Salmar Avenue/Highway 17 Southbound Off-ramp intersection. The proposed lane configuration for the off-ramp would replace the existing shared through-left lane with a separate through lane and a third left-turn lane. The project will evaluate environmental impacts.

How this project supports the development of the Hamilton Ave. Precise Plan:
o Will provide Caltrans-approved design of a widened off-ramp to improve intersection operations at the Hamilton Avenue/Highway 17 Southbound Off- ramp/Salmar Avenue.
o Will include bicycle- and pedestrian-related improvements within the Hamilton Avenue/Salmar Avenue/Highway 17 Southbound Off-ramp intersection o Updated detailed cost estimate of improvements.

➢ Bascom Avenue Corridor Study
VTA’s Bascom Avenue Complete Streets Phase 1 Project is currently being designed.

The Phase 1 corridor extends between Interstate 880 near Hedding Street and Hamilton Avenue. This project will decrease Bascom Avenue from three lanes per direction to two lanes per direction and add Class IV bike lanes separated from traffic lanes by raised islands. VTA has secured grant funds for the construction phase of this project.

In the future, Phase 2 would have major changes to the Hamilton Avenue/Bascom Avenue intersection geometry and traffic signal design. The pork-chop islands would be removed and the corner radii would be tightened. Phase 2 is mentioned in VTA’s Bascom Corridor Complete Streets Study
(https://www.vta.org/projects/documents?project=991) but there is no funding yet for a design project.

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How this project supports the development of the Hamilton Ave. Precise Plan:
o Will provide a detailed street geometric plan of existing conditions of the Bascom Avenue corridor north of Hamilton Avenue.
o Will provide engineering level detail of existing conditions and may include some utility details of the Bascom Avenue corridor north of Hamilton Avenue. o The Bascom Corridor Complete Streets Study provides preliminary concept drawings for the Hamilton Avenue/Bascom Avenue intersection.

4.2: Conceptual Gateway Features Plan
CONSULTANT shall provide and identify a multitude of options for gateway elements / design features and potential locations. This shall include preparation of conceptual renderings/graphics/plans with a written description of each conceptual gateway element / design feature. The gateway elements / design features may include but are not limited to architectural elements, community identity signage, and special paving.

4.3: Final Gateway Features Plan
CONSULTANT shall prepare drawings of sufficient detail to estimate the cost of gateway elements located within the public right-of-way.

4.4: Streetscape Improvement Plan
CONSULTANT shall prepare a streetscape improvement plan for the entire study area, incorporating the City’s adopted Streetscape Standards for the public right-of-way along the Hamilton Avenue corridor. The plan shall propose updated landscaping and stormwater treatment detail standards that reflect changes in water conservation and stormwater treatment requirements that have changed since the Streetscape Standards were initially adopted. The plan should include a conceptual stormwater treatment plan demonstrating the feasibility of treating all off the stormwater run-off from the public right-of-way within the landscaped areas and a toolbox of preferred stormwater treatment facilities to be constructed in the right-of-way.

4.5: Final Public Improvement Plan
After AGENCY review and feedback, CONSULTANT shall finalize the Public Improvement Plan to include the streetscape and interim transportation improvements identified for the study area.

4.6 Precise Plan Boundary
CONSULTANT in coordination with city staff, shall analyze the Precise Plan boundary in consideration of Task 4 and Task 5 and provide options for amendments to the boundary.

Task 4 Deliverables:

4.1: Draft Roadway Improvement Plan

4.2: Conceptual Gateway Elements and Architectural Design Features renderings/graphics/plans. Written description of each gateway element / design feature.

4.3: Final Gateway Features Plan

4.4: Streetscape Improvement Plan

4.5: Final Public Improvement Plan

4.6: Options for Precise Plan boundary

Task 5 – DEVELOPMENT BUILDOUT AND ALTERNATIVES ANALYSIS

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5.1: Transit-Oriented Community Policies Analysis
CONSULTANT shall analyze the application of Transit Oriented Community Policies, published by MTC, on the plan area. Examples of TOC policies to be evaluated by CONSULTANT under this task include the following:

Residential TOC Policies:
• Require a minimum density of 50 units/net acre or higher (i.e., understanding extent to which plan area already complies with this requirement, and identification of areas that may need to be added to comply). • Prohibit parking minimums and establish a parking maximum of 1.0 spaces per unit or lower.

Commercial TOC Policies:
• Allow for a minimum FAR of 2.0 or higher.
• Prohibit parking minimums and establish a parking maximum of 2.5 spaces per 1,000 square feet or lower.

5.2: Buildout & Alternatives Analysis
CONSULTANT shall model residential / commercial buildout within the Precise Plan area and its immediate vicinity , consider stakeholder feedback related to sought public improvements, and identify potential multi-modal issues and areas to address under the following scenarios:

• Scenario 1: Buildout under 2040 General Plan
• Scenario 2: Buildout under 2040 General Plan and with application of Transit - Oriented Community Policies

CONSULTANT shall identify options and alternatives for each scenario that may result in improved active multi-modal transportation improvements. The alternatives analysis shall present options to amend the precise plan boundaries to include areas within the immediate vicinity.

Task 5 Deliverables:

5.1: Transit-Oriented Communities Policy Analysis

5.2: Build-Out Scenarios

Task 6 – CEQA ANALYSIS

Task 6.1 – CEQA Outreach and Scoping
CONSULTANT shall meet with AGENCY to discuss initial scoping and approach to preparing an analysis of the project impacts in accordance with the California Environmental Quality Act (CEQA). In performing a review of environmental impacts, CONSULTANT shall:
• Prepare Project Description
• Complete Tribal Consultation (AB 52 and SB 18)

Task 6.2 – CEQA Document Preparation
CONSULTANT will prepare an Initial Environmental Assessment scoping the impacts of the Second Public Review Draft of the Hamilton Avenue Precise Plan. While the exact CEQA compliance documentation necessary is to be determined, the scope of work should plan for an analysis that the Precise Plan is consistent with the Final Environmental Impact Report prepared for the 2040 General Plan and 2023-2031 Housing Element (adopted on April 18, 2023).

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• Complete an Initial Study (IS)
• Prepare and Publish CEQA Document (Finding of Consistency with the 2040 General Plan and Housing Element EIR anticipated)
• Complete an analysis of the Precise Plan and the 2040 General Plan and Housing Element Environmental Impact Report (EIR).
• Identify and prepare all technical studies (if any are needed)

Task 6 Deliverables:

6.1: CEQA Outreach and Scoping
o Project description
o Technical Studies
o Notice of Preparation Notification (as needed)
o Tribal Notification (as needed)

6.2: CEQA Document Preparation
o Preparation of Draft CEQA Document (anticipated to be a Finding of Consistency with the 2040 General Plan and Housing Element EIR anticipated)

Task 7 – PREPARE DRAFT PRECISE PLAN

Task 7.1: Prepare Draft Precise Plan.

CONSULTANT shall prepare the precise plan inclusive of a project introduction, background analysis, description of the planning effort, and anticipated public improvements and gateway features. This task shall include the preparation of any exhibits or graphics.

Task 7 Deliverables:
• Draft Precise Plan in Microsoft word and PDF file format • GIS layer of Precise Plan boundary

Task 8 – FINALIZE AND ADOPT PRECISE PLAN AND ENVIRONMENTAL

DOCUMENT

Task 8.1: Finalize and Adopt Precise Plan.

Complete Stakeholder Engagement, review and revise Precise Plan as needed, adoption of Precise Plan, CEQA document, corresponding implementing materials.

Task 8 Deliverables:

8.1: Final Precise Plan

8.2: Final CEQA Document (Anticipated to be found consistent with the General Plan and Housing Element EIR)

8.3: Impact Fee Schedule

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APPENDIX B, COST AND PRICE ANALYSIS FORM

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APPENDIX C, CALIFORNIA LEVINE ACT STATEMENT

California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

City of Campbell’s officers (City Council members) include:

City Council
Susan M. Landry, Mayor
Sergio Lopez, Vice Mayor
Daniel E. Furtado, Councilmember
Elliot Scozzola, Councilmember
Anne Bybee, Councilmember

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City of Campbell officer in the 12 months preceding the date of the issuance of this request for qualifications?

___ YES ___ NO
If yes, please identify the officer: ____________________________________________

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contributions of more than $250 to any City of Campbell officer in the three months following the award of the contract?

___ YES ___ NO
If yes, please identify the officer: ____________________________________________

Answering yes to either of the two questions above does not preclude City of Campbell from awarding a contract to your firm. It does, however, preclude the identified officer(s) from participating in the contract award process for this contract.

DATE (SIGNATURE OF AUTHORIZED OFFICIAL)

(TYPE OR WRITE APPROPRIATE NAME, TITLE)

(TYPE OR WRITE NAME OF COMPANY)

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APPENDIX D, CITY OF CAMPBELL STANDARD CONSULTANT CONTRACT

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APPENDIX D-1, INSURANCE REQUIREMENTS

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APPENDIX E, FEDERAL REQUIREMENTS

Federally-required contract provisions are listed below and in Appendix D, City of Campbell’s Standard Consultant Agreement, in Attachment H and its subparts. In addition, the federal requirements in this Appendix E shall apply to any contract resulting from this RFP.

Effective July, 2012, the California Department of Transportation (Caltrans) requires recipients of DOT grant funds through Caltrans to impose the following DBE utilization requirements on its consultants and contractors or require sufficient documentation to demonstrate a good faith effort toward achieving them. Consultant’s DBE participation on its Agreement with City of Campbell will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

City of Campbell has established Disadvantaged Business Enterprise (DBE) goal of 40.47% for any contract entered into as a result of this procurement.

1. TERMS AS USED IN THIS DOCUMENT

• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. • The term “Agreement” also means “Contract.”
• Agency also means the local entity entering into this contract with the Contractor or Consultant.
• The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY

A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

3. SUBMISSION OF DBE INFORMATION

If there is a DBE goal on the contract, Appendix E-2, “Consultant Proposal DBE Commitment” form and Appendix E-4, “Consultant Contract DBE Commitment” form shall be included in the procurement document. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Appendix E-2, “Consultant Proposal DBE Commitment” form and Appendix E-4, “Consultant Contract DBE Commitment” form shall be included with the procurement document. The purpose of the forms is

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to collect data required under 49 CFR 26. These forms collect all DBE participation. Even if no DBE participation will be reported, the successful Proposer must execute and return the forms.

4. DBE PARTICIPATION GENERAL INFORMATION

It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES

A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website: https://caltrans.dbesystem.com/.
• 1. Click on the link titled “Access the DBE Query Form” • 2. Click on “Start DBE Firms Query” link
• Searches can be performed by one or more criteria. Follow instructions on the screen.

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6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business.

To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services

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APPENDIX E-1, CERTIFICATION OF RESTRICTIONS ON LOBBYING

I, hereby certify on behalf of that:
(name and title of grantee
official)
(name of grantee)

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this day of , 202__.

By:

(signature of authorized official)

(title of authorized official)

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APPENDIX E-2, CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

40.47%

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number

9. DBE Contact Information 10. DBE %

Local Agency to Complete this Section

11. TOTAL CLAIMED DBE PARTICIPATION %

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. Consultant’s Ranking after Evaluation: __________________________

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

21. Local Agency Representative's Signature 22. Date

12. Preparer's Signature 13. Date

23. Local Agency Representative's Name 24. Phone

14. Preparer's Name

15. Phone

25. Local Agency Representative's Title 16. Preparer's Title

DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654 -6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.

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INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

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INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE.

Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

22. Local Agency Representative’s Name - Enter the name of the Local Agency

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Representative certifying the consultant’s DBE commitment form.

23. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

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APPENDIX E-3, DBE INFORMATION – GOOD FAITH EFFORTS DOCUMENTATION

Cost Proposal Due Date
PE/CE Federal-aid Project No(s).

Bid Opening Date CON
The City of Campbell established a Disadvantaged Business Enterprise (DBE) goal of

40.47% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Appendix E-2: Consultant Proposal DBE Commitments indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions,

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement

B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

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C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

Items
of
Work
Proposer or Bidder
Normally Performs
Item (Y/N)
Breakdown
of Items
Amou
nt
($)
Percentage
Of
Contract
(0.00%)

D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

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F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results

H. Any additional data to support a demonstration of good faith efforts:

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APPENDIX E-4, DBE INFORMATION – GOOD FAITH EFFORTS

1. Local Agency: 2. Contract DBE Goal:

40.47%

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE:  7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount

Local Agency to Complete this Section

14. TOTAL CLAIMED DBE

PARTICIPATION
$ 20. Local Agency Contract
Number:

21. Federal-Aid Project
Number:

% 22. Contract Execution
Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for
credit, regardless of tier. Written confirmation of each listed DBE is required.

23. Local Agency Representative's
Signature

24. Date

15. Preparer's Signature 16. Date

25. Local Agency Representative's
Name

26. Phone

17. Preparer's
Name

18. Phone

27. Local Agency Representative's Title 19. Preparer's Title

DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654 -6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.

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INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

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25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

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APPENDIX E-5, DISCLOSURE OF LOBBYING ACTIVITIES

COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal
Action:

3. Report Type:

☐ a. contract

☐ a. bid/offer/application

☐ a. initial
☐ b. grant ☐ b. initial award ☐ b. material change ☐ c. cooperative agreement ☐ c. post-award
☐ d. loan For Material Change Only:
☐ e. loan guarantee year ____ quarter _________ ☐ f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
☐ Prime ☐ Subawardee
Tier _______ , if known

Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)

$ _____________ ☐ actual ☐ planned ☐a. retainer ☐b. one-time fee

13. Form of Payment (check all that apply): ☐c. commission ☐ a. cash ☐d. contingent fee
☐ b. in-kind; specify: nature _____________ ☐e. deferred Value _____________ ☐f. other, specify _______________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:

(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: ☐ Yes ☐No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________ ________

Print Name: ________________________________ _______

Title: ________________________________ ____________

Telephone No.: ____________________ Date: ___________

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

Standard Form LLL Rev. 04-28-06 Distribution: Orig- Local Agency Project Files

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INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1 352.

The filing of a form is required for such payment or agreement to make payment to lobbyin g entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation she et for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.

11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

14. Check all boxes that apply. If other, specify nature.

15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

16. Check whether or not a continuation sheet(s) is attached.

17. The certifying official shall sign and date the form, and print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for

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reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev. 06-04

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PRELIMINARY SCOPE OF WORK
(Included as Appendix A in the Draft RFP)
The City of Campbell (“AGENCY”), with the assistance of a professional consultant or professional consultant team (“CONSULTANT”), shall complete the following:

Task 1 – PROJECT INITIATION AND MANAGEMENT

1.1: Project Management
The AGENCY shall administer the PDA Planning Grant and oversee the services of CONSULTANT. The AGENCY shall establish regular interactions with the Metropolitan Transportation Commission (MTC) Grant Manager to relay information and solicit feedback about the project. The CONSULTANT shall establish regular interactions (every two weeks) with the AGENCY to relay information, solicit feedback, and participate in working sessions.

1.3: Award Consultant Contract
AGENCY shall attend a meeting with the City Council to:
• Provide a brief overview of the scope of services to be provided by CONSULTANT based on their response to RFP.
• Identify and solicit direction on funding for costs that will not be covered by the grant or could be performed as additional optional tasks.
• Approve and award contract to CONSULTANT.

1.4: Kick-off Meeting
CONSULANT shall attend an initial project meeting with AGENCY to:
• Establish communications and reporting strategy, identify project team members, and other project needs.
• Review, revise, and refine project goals, scope of work, schedule, and confirm key responsibilities.
• Discuss the Hamilton Avenue Precise Plan and relevant background materials.

1.5: City Council Introductory Meeting
CONSULANT shall prepare and present a report to the City Council and AGENCY to:
• Introduce key members of the CONSULTANT team involved in the work effort. • Present refinements to project goals, scope of work, or schedule (if necessary). • Present stakeholder engagement strategy and plan for the creation of an advisory body.

Task 1 Deliverables:

1.4: Meeting notes and draft stakeholder engagement strategy.

1.5: Meeting materials including but not limited to PowerPoint presentations, and meeting materials.

Task 2 – PUBLIC ENGAGEMENT

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2.1: Stakeholder Engagement Strategy
CONSULTANT, in partnership with AGENCY, shall draft a stakeholder engagement strategy.

The stakeholder engagement strategy shall include a toolbox and options of outreach methods (e.g. meeting format, discussion topics, meeting management tools). The toolbox shall include the creation of a standing advisory body with key stakeholders, potentially including staff from the Metropolitan Transportation Commission (MTC), Caltrans, property owners, community members, and board/commission members. Engagement strategy shall also include up to 3 intercept surveys targeting bicycle and pedestrian users in the area and one public survey.

2.2: Standing Advisory Body
CONSULTANT in partnership with AGENCY shall solicit and appoint individuals to serve on the standing advisory body and facilitate the meetings. CONSULTANT shall:
• Identify and provide a list of interested parties and groups (e.g. Campbell residents, businesses, biking coalitions, Community Based Organizations etc.) to participate in project process.
• Draft and finalize application questions in partnership with AGENGY and create a web based application form.
• Compile submitted applications for AGENCY review.
• Organize, schedule, facilitate, and manage in-person and virtual meetings and discussions for all Advisory Body meetings (up to 7).
• Assemble meeting agendas, materials, and summaries and distribute to all advisory body members.
• Facilitate walking tours (up to 2) of the study area as necessary.

2.3: Community Meetings & Outreach
CONSULTANT shall organize, prepare for, facilitate, attend, and manage all community meetings and outreach. CONSULTANT shall:
• Create, distribute, and post community/stakeholder meeting advertisements. • Take meeting notes.
• Assemble and prepare meeting agendas, materials, and meeting summaries. • Organize, facilitate, and manage in-person and virtual meetings for all community/stakeholder meetings (up to 7).
• Periodically provide resources and content for AGENCY publication on the City website and for distribution through email.

2.4: Public Hearings
AGENCY shall schedule public hearing dates and coordinate all legal public noticing for meetings.

The CONSULTANT shall prepare for and attend all public hearings. The CONSULTANT shall assist in the preparation of staff reports and meeting materials (e.g., PowerPoint presentations, supporting exhibits, graphics), presenting, and facilitating discussion on specified topics to receive feedback.

Task 2 Deliverables:

2.1: Standing Advisory Body
• Stakeholder engagement strategy

2.2: Standing Advisory Body

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• Prepare for (including drafting meeting agendas and materials) and attend up to seven (7) Advisory Group meetings and provide post-meeting summaries. • Prepare for, facilitate, and attend two (2) walking tours of the study area.

2.3: Community Meetings & Outreach
• Create, distribute, and post community/stakeholder meeting advertisements. • Take meeting notes.
• Assemble and prepare meeting agendas, materials, and meeting summaries. • Organize, facilitate, and manage in-person and virtual meetings for all community/stakeholder meetings (up to 7).
• Periodically provide resources and content for AGENCY publication on the City website and for distribution through email.

2.4: Public Hearings
• Prepare for and attend up to one (1) Bicycle Pedestrian Advisory Committee meeting.

Inclusive of preparing meeting materials.
• Prepare for and attend up to one (1) Civic Improvement Commission meeting.

Inclusive of preparing meeting materials.
• Prepare for and attend up to six (6) Planning Commission meetings and provide post- meeting summaries. Inclusive of preparing meeting materials. • Prepare for and attend up to seven (7) City Council meetings and provide post- meeting summaries. Inclusive of preparing meeting materials.

Task 3 – EXISTING CONDITIONS ANALYSIS

3.1: Existing Conditions Report
CONSULTANT shall perform all the following tasks:
• Evaluation of existing conditions in the Precise Plan Area as well as its immediate vicinity.
o The immediate vicinity shall include properties along Hamilton Avenue up to the intersection of Hamilton Avenue with Winchester Boulevard and Bascom Avenue, as well as all properties on all four corners of the street where they intersect.
o The existing conditions analysis shall involve an evaluation of both public (rights-of-way) and private property, and infrastructure. o The existing conditions analysis will identify existing traffic patterns (e.g., origins and destinations) for AM and PM peak hours for bikes, pedestrians, cars, and the Hamilton Light Rail Station building on work to be studied as part of the Hamilton/SR 17 Bicycle Overcrossing Feasibility Study. o An analysis of travel/transit patterns including commute distance, mode, and travel time.
o A summary of existing City Streetscape Standards in the area. o Progress made of Public Works Improvement Projects (see Task 5). o A gap analysis for station access, as stipulated in MTC’s TOC policies.

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• Attend field visits and identify infrastructure needs, including bikeway gaps, and accessible improvements.

Task 3 Deliverables:

3.1: Existing Conditions Analysis

Task 4 – ROADWAY IMPROVEMENT & GATEWAY FEATURES PLAN

4.1: Draft Roadway Improvement Plan
CONSULTANT shall recommend public improvements (inclusive of roadway improvements, bicycle infrastructure, pedestrian network improvements, and stormwater facilities) for the entire study area accounting for build-out scenarios and alternatives identified in Task 5 (Development Buildout and Alternatives Analysis). The Roadway Improvement Plan, prepared by the CONSULTANT, shall focus on the identification of transportation improvements to occur in the Hamilton Avenue Precise Plan area as well as in its immediate vicinity with a focus on providing for better east-west connectivity, particularly to the VTA light rail station. The Public Improvement Plan shall be at a conceptual level. The CONSULTANT shall identify interim pedestrian and bicycle safety measures to allow pedestrians and bicyclists to safely navigate the study area (with a particular focus on the Hamilton Avenue and Highway 17 overcrossing intersection). The interim pedestrian and bicycle safety measures shall be coordinated with Caltrans, where necessary. A conceptual cost estimate shall be prepared for the interim pedestrian and bicycle safety measures.

The CONSULTANT shall ensure this task is coordinated with, and built upon the work of the following Public Works Department projects:

➢ Hamilton Avenue Resurfacing Project
The project currently being designed and scheduled for implementation in 2025 will resurface approximately 2.8 centerline miles of pavement on Hamilton Avenue, a six- lane arterial roadway within the City of Campbell. The project will also construct “Complete Streets” elements such as: 1) bicycle facilities to close the gap in the regional bike network by providing an east-west connection; and 2) pedestrian facilities by installing ADA compliant curb ramps.

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Attachment: Preliminary Scope of Work (Hamilton Ave. Plan - Revised RFP)

How this project supports the development of the Hamilton Ave. Precise Plan:
o Will provide a detailed curb-to-curb geometric plan of existing conditions of entire Hamilton Avenue corridor.
o Will provide bicycle markings for the entire Hamilton Avenue corridor.

➢ Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study The Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study currently underway will evaluate how best to improve bicycle and pedestrian mobility on Hamilton Avenue over State Route 17. The goal of the study is to develop feasible alternatives, assess the impacts of each alternative, and determine a preferred alternative to carry forward to final design. The project will study existing bicycle and pedestrian facilities along Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts, alternative alignments, impacts to utilities and right-of-way, environmental impacts, structural and geotechnical constraints, recommended preferred alignment, and preliminary project cost estimates.

The project location is Hamilton Avenue between the Highway 17 Southbound Off- ramp/Salmar Avenue and Creekside Way.

The study will include an evaluation of alignment alternatives. The outcome will be a preferred alternative with a proposed alignment, type of structure, and planning level cost estimate.

How this project supports the development of the Hamilton Ave. Precise Plan:

Will provide feasible and preferred alignment alternatives with planning level cost estimates.

➢ The Hamilton Avenue/Highway 17 Southbound Off-Ramp Widening Project The Hamilton Avenue/Highway 17 Southbound Off-ramp Widening Project will prepare final design plans, specifications, and engineer’s estimate for widening the off-ramp to improve traffic operations at the Hamilton Avenue/Salmar Avenue/Highway 17 Southbound Off-ramp intersection. The proposed lane configuration for the off-ramp would replace the existing shared through-left lane with a separate through lane and a third left-turn lane. The project will evaluate environmental impacts.

How this project supports the development of the Hamilton Ave. Precise Plan:
o Will provide Caltrans-approved design of a widened off-ramp to improve intersection operations at the Hamilton Avenue/Highway 17 Southbound Off- ramp/Salmar Avenue.
o Will include bicycle- and pedestrian-related improvements within the Hamilton Avenue/Salmar Avenue/Highway 17 Southbound Off-ramp intersection o Updated detailed cost estimate of improvements.

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Attachment: Preliminary Scope of Work (Hamilton Ave. Plan - Revised RFP) ➢ Bascom Avenue Corridor Study
VTA’s Bascom Avenue Complete Streets Phase 1 Project is currently being designed.

The Phase 1 corridor extends between Interstate 880 near Hedding Street and Hamilton Avenue. This project will decrease Bascom Avenue from three lanes per direction to two lanes per direction and add Class IV bike lanes separated from traffic lanes by raised islands. VTA has secured grant funds for the construction phase of this project.

In the future, Phase 2 would have major changes to the Hamilton Avenue/Bascom Avenue intersection geometry and traffic signal design. The pork-chop islands would be removed and the corner radii would be tightened. Phase 2 is mentioned in VTA’s Bascom Corridor Complete Streets Study
(https://www.vta.org/projects/documents?project=991) but there is no funding yet for a design project.

How this project supports the development of the Hamilton Ave. Precise Plan:
o Will provide a detailed street geometric plan of existing conditions of the Bascom Avenue corridor north of Hamilton Avenue.
o Will provide engineering level detail of existing conditions and may include some utility details of the Bascom Avenue corridor north of Hamilton Avenue. o The Bascom Corridor Complete Streets Study provides preliminary concept drawings for the Hamilton Avenue/Bascom Avenue intersection.

4.2: Conceptual Gateway Features Plan
CONSULTANT shall provide and identify a multitude of options for gateway elements / design features and potential locations. This shall include preparation of conceptual renderings/graphics/plans with a written description of each conceptual gateway element / design feature. The gateway elements / design features may include but are not limited to architectural elements, community identity signage, and special paving.

4.3: Final Gateway Features Plan
CONSULTANT shall prepare drawings of sufficient detail to estimate the cost of gateway elements located within the public right-of-way.

4.4: Streetscape Improvement Plan
CONSULTANT shall prepare a streetscape improvement plan for the entire study area, incorporating the City’s adopted Streetscape Standards for the public right-of-way along the Hamilton Avenue corridor. The plan shall propose updated landscaping and stormwater treatment detail standards that reflect changes in water conservation and stormwater treatment requirements that have changed since the Streetscape Standards were initially adopted. The plan should include a conceptual stormwater treatment plan demonstrating the feasibility of treating all off the stormwater run-off from the public right-of-way within the landscaped areas and a toolbox of preferred stormwater treatment facilities to be constructed in the right-of-way.

4.5: Final Public Improvement Plan

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Attachment: Preliminary Scope of Work (Hamilton Ave. Plan - Revised RFP) After AGENCY review and feedback, CONSULTANT shall finalize the Public Improvement Plan to include the streetscape and interim transportation improvements identified for the study area.

4.6 Precise Plan Boundary
CONSULTANT in coordination with city staff, shall analyze the Precise Plan boundary in consideration of Task 4 and Task 5 and provide options for amendments to the boundary.

Task 4 Deliverables:

4.1: Draft Roadway Improvement Plan

4.2: Conceptual Gateway Elements and Architectural Design Features renderings/graphics/plans. Written description of each gateway element / design feature.

4.3: Final Gateway Features Plan

4.4: Streetscape Improvement Plan

4.5: Final Public Improvement Plan

4.6: Options for Precise Plan boundary

Task 5 – DEVELOPMENT BUILDOUT AND ALTERNATIVES ANALYSIS

5.1: Transit-Oriented Community Policies Analysis
CONSULTANT shall analyze the application of Transit Oriented Community Policies, published by MTC, on the plan area. Examples of TOC policies to be evaluated by CONSULTANT under this task include the following:

Residential TOC Policies:
• Require a minimum density of 50 units/net acre or higher (i.e., understanding extent to which plan area already complies with this requirement, and identification of areas that may need to be added to comply). • Prohibit parking minimums and establish a parking maximum of 1.0 spaces per unit or lower.

Commercial TOC Policies:
• Allow for a minimum FAR of 2.0 or higher.
• Prohibit parking minimums and establish a parking maximum of 2.5 spaces per 1,000 square feet or lower.

5.2: Buildout & Alternatives Analysis
CONSULTANT shall model residential / commercial buildout within the Precise Plan area and its immediate vicinity , consider stakeholder feedback related to sought public improvements, and identify potential multi-modal issues and areas to address under the following scenarios:

• Scenario 1: Buildout under 2040 General Plan
• Scenario 2: Buildout under 2040 General Plan and with application of Transit - Oriented Community Policies

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Attachment: Preliminary Scope of Work (Hamilton Ave. Plan - Revised RFP) CONSULTANT shall identify options and alternatives for each scenario that may result in improved active multi-modal transportation improvements. The alternatives analysis shall present options to amend the precise plan boundaries to include areas within the immediate vicinity.

Task 5 Deliverables:

5.1: Transit-Oriented Communities Policy Analysis

5.2: Build-Out Scenarios

Task 6 – CEQA ANALYSIS

Task 6.1 – CEQA Outreach and Scoping
CONSULTANT shall meet with AGENCY to discuss initial scoping and approach to preparing an analysis of the project impacts in accordance with the California Environmental Quality Act (CEQA). In performing a review of environmental impacts, CONSULTANT shall:
• Prepare Project Description
• Complete Tribal Consultation (AB 52 and SB 18)

Task 6.2 – CEQA Document Preparation
CONSULTANT will prepare an Initial Environmental Assessment scoping the impacts of the Second Public Review Draft of the Hamilton Avenue Precise Plan. While the exact CEQA compliance documentation necessary is to be determined, the scope of work should plan for an analysis that the Precise Plan is consistent with the Final Environmental Impact Report prepared for the 2040 General Plan and 2023-2031 Housing Element (adopted on April 18, 2023).

• Complete an Initial Study (IS)
• Prepare and Publish CEQA Document (Finding of Consistency with the 2040 General Plan and Housing Element EIR anticipated)
• Complete an analysis of the Precise Plan and the 2040 General Plan and Housing Element Environmental Impact Report (EIR).
• Identify and prepare all technical studies (if any are needed)

Task 6 Deliverables:

6.1: CEQA Outreach and Scoping
o Project description
o Technical Studies
o Notice of Preparation Notification (as needed)
o Tribal Notification (as needed)

6.2: CEQA Document Preparation
o Preparation of Draft CEQA Document (anticipated to be a Finding of Consistency with the 2040 General Plan and Housing Element EIR anticipated)

Task 7 – PREPARE DRAFT PRECISE PLAN

Task 7.1: Prepare Draft Precise Plan.

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Attachment: Preliminary Scope of Work (Hamilton Ave. Plan - Revised RFP) CONSULTANT shall prepare the precise plan inclusive of a project introduction, background analysis, description of the planning effort, and anticipated public improvements and gateway features. This task shall include the preparation of any exhibits or graphics.

Task 7 Deliverables:
• Draft Precise Plan in Microsoft word and PDF file format • GIS layer of Precise Plan boundary

Task 8 – FINALIZE AND ADOPT PRECISE PLAN AND ENVIRONMENTAL

DOCUMENT

Task 8.1: Finalize and Adopt Precise Plan.

Complete Stakeholder Engagement, review and revise Precise Plan as needed, adoption of Precise Plan, CEQA document, corresponding implementing materials.

Task 8 Deliverables:

8.1: Final Precise Plan

8.2: Final CEQA Document (Anticipated to be found consistent with the General Plan and Housing Element EIR)

8.3: Impact Fee Schedule

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Attachment: Preliminary Scope of Work (Hamilton Ave. Plan - Revised RFP)

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
West Valley Mayors and Managers

DCBA Liaison
Santa Clara County Housing and Community Development Advisory Committee Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors Cities Association of Santa Clara County - City Selection Committee

Friends of the Heritage Theater Liaison (Alt.)
West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)

VICE MAYOR LOPEZ
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee

Silicon Valley Clean Energy Audit Committee
Item: 16
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: July 16, 2024
16 Packet Pg. 578
Council Committee Reports Page 2 of 3
Bay Area Quality Management District Board of Directors** League of Cities Peninsula Division Executive Committee** Valley Transportation Authority Board of Directors**
West Valley Mayors and Managers (Alt.)
Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER BYBEE:

Finance Subcommittee
Legislative Subcommittee
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee
Silicon Valley Animal Control Authority Board (SVACA)

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (ABAG)
Silicon Valley Regional Interoperability Authority (SVRIA) Santa Clara County Emergency Operational Council (EOAC)** Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Friends of the Heritage Theater Liaison
Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Silicon Valley Clean Energy Finance and Legislative Committees Valley Transportation Authority Policy Advisory Board
16 Packet Pg. 579
Council Committee Reports Page 3 of 3
Santa Clara Valley Water District: County Water Commission (Alt.) DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) Association of Bay Area Governments (Alt.)
**appointed by other agencies
Prepared by:

Kristen Epolite, Deputy City Clerk
16 Packet Pg. 580
To: Honorable Mayor and City Council

Date: July 15, 2024
From: Andrea Sanders, City Clerk
Subject: Desk Item 8 – Public Comments

Attached are public comments received in the City Clerk ’s Office related to Item 8 – Appeal of Wireless Facility Tower at 2633 S. Bascom Ave.

City of Campbell

MEMORANDUM
City Clerk’s Office

From: Larissa Lomen
To: Andrea Sanders
Subject: Public Comment for PLN-2024-103 (2633 S. Bascom Ave) Date: Monday, July 15, 2024 10:19:24 AM
Attachments: image002.png
image003.png
image004.png
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image007.png
Hi Andrea,

Please see the following I received from a resident in regards to the upcoming appeal of a wireless tower (PLN-2024-103):

Hi Larissa,
Please add my name to the existing appeal against cell tower construction at 2633 S. Bascom Ave, Campbell, CA 95008 According to FCC, the radiation energy from a mobile tower decreases with distance. After 150 meter mark, the RF energy gets weaker. And this is with minimal ERP (effective radiated power) in 100 watts per channel) However, taking the fact that transmitter power is in hand of a mobile carrier - the carrier can increase the power to 500 watts. And this is legal too. But in this case the radiation level will affect way more households in Vizcaya community and not just three of them. My house is closer to the planned tower construction than 150 meters and it will affect my family living and health. The City of Campbell can't control the level of ERP (the radiation energy), which means that mobile carriers can increase the level of transmitter power in the way they like. The FCC adopted updated guidelines for evaluating Hume exposure to RF from fixed transmitting antennas in 1996, and should be obsolete by now. The information I've been referring to was taken from Consumer Guide "Human Exposure to Radio Frequency Fields: Guidelines for Cellular Antenna Sites. Since nobody can guarantee the safety to human health, and considering the fact that I was completely unaware of previous public hearing, (the post card or notice was not delivered or lost during delivery) I would like to join the existing appeal.

Thank you,
Victor Moiseyev

Thanks!
-Larissa

Larissa Lomen
Assistant Planner
City of Campbell | Community Development Department
(408) 866-2144 (call or text)
[email protected]

Book a Virtual/In-Person Appointment with a Planner here.

Apply for Planning and Building Permits here.

From: Don Ladd
To: Anne Bybee; Sergio Lopez; Dan Furtado; Clerks Office Subject: Cell Phone Tower
Date: Monday, July 15, 2024 8:46:08 AM
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Dear All,
We in Vizcaya are interested in the proposed cell phone tower at 2633 Bascom. We have not received any notice from the City or those planning the construction, though we are within 200 yards of the site.

Hoping to learn more at tomorrow's meeting,
Don Ladd
Campbell

July 15, 2024

Re: Campbell City Council Item: 8
Category: PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Meeting Date: July 16, 2024
+PROJECT DATA
Zoning District: NC (Neighborhood Commercial)
General Plan Designation: Neighborhood Commercial
Structure Height: Existing/Proposed Tower 75-feet
Requirement/Standard 35-feet

Dear Campbell City Council

Please consider upholding the appeal to the planning Commission’s approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to allow the construction of a 75-foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue within the NC (Neighborhood Commercial) Zoning District.

As a resident within ~600 yards and CEO of a Campbell high tech business there are four points I would like to make:

1: This is an exception to the recently ratified Campbell General Plan. Why have a General Plan if there can be exceptions made for any corporate request? The General Plan was established at great effort and expense by the City. As a resident I would expect it to be followed unless there is no alternative or of great value to the city.

2: The location already has many non-conforming structures – why establish another non-conforming structure – per draft resolution: ‘Many of the existing buildings are considered to be nonconforming with the City’s current zoning standards’. New structures in this area need to be confirming to City zoning and General Plan standards.

3: AT&T just recently disclosed a data breach of data from 2 years ago of all its clients.

AT&T security policies need to be under scrutiny and therefore should also be new construction intentions. This tower is to benefit much of other areas outside of Campbell with minimal benefit to the City.

4: Cellular/WiFi alternatives exist and provide great options already used by some residents – e.g. Starlink.

Best regards,

Terrence D. Hines

CEO – NovaTech Services, Inc.
direct - 408-295-3188 office and fax
[email protected]

From: Maggie Ostrowski
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: 75 - ft tower project for Tues CC meeting
Date: Sunday, July 14, 2024 11:31:40 PM
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Dear Council members,
I am writing to respectfully ask you to deny the application for the 75-ft cell tower, by upholding the appeal because the project is incompatible with the City's design requirements and municipal code.

The city's code states that 35-ft towers are allowed near neighborhoods. A 75-ft tower that is surrounded on most sides by families, kids, new-borns and other Campbell residents does not align with the Cities Municipal Code which is 35 ft height maximum.

The applicant's exemption to the city municipal code's 35 ft height does not meet the "findings".

Section 21.34.160 of code states that "an applicant may request an exemption from one or more requirements of this chapter on the basis that a permit denial would effectively prohibit personal wireless services in the City."
The findings are not met for two reasons:

1. The permit denial would not
"effectively prohibit wireless services in the City" because cell service already exists.

2. ATT shows uniform coverage with no gaps in coverage for this site and area.

ATT coverage in Campbell is documented by ATT on their website where they list no gap in coverage for the location of the proposed tower.

As noted below by ATT this location has 5G+, 5G, 4G and LTE coverage, and no gap is noted by ATT, circled in yellow
(source: https://www.att.com/maps/wireless-coverage.html )

Thank you. Please call me if you would like any details. I am more than happy to have a phone call or meet to discuss.

Sincerely,

Maggie Ostrowski

From: Victor Moiseyev
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: Objecting construction of 75-foot cell tower construction at 2633 S. Bascom Ave, Date: Sunday, July 14, 2024 10:45:04 PM
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Dear members of Campbell City Council,
This letter is about a cell tower construction proposal at 2633 S. Bascom Ave, Campbell, CA 95008.

1. During a public hearing that was held on June 25th, 2024, about cell tower construction, at 2633 S. Bascom Ave, none of the homeowners were present at the hearing.

The reason - residents of the Vizcaya townhouse community were NOT informed about the public hearing and its agenda. None of us received any postcards with required information.

As a result, my neighbors and I missed the initial public hearing and possibility to express our opinions, concerns, as well as possibility to appeal the decision within a given timeframe.

The decision was made without our consent, our opinions and without listening to our concerns.

On July 8
th, I received a notice about an appeal. And again, there were problems with public notification.

When I called the city office to get more information, I found that the city issued just three notifications to three households only, those whose property is in proximity of 100 meters or less to the proposed cell tower construction. Actually, I was the only one who received the notice about an appeal. My other next-door neighbors were completely unaware of any cell tower construction in close proximity.

2. AT&T Network Coverage:

Next item that triggered my attention was the reason for tower construction. We have decent network coverage in the area, we do not experience any gaps in coverage.

I used to work in a related field for a mobile company and I was specifically looking for areas with spotty coverage and gaps in coverage on AT&T network to collect data and I couldn't find it in this area.

Based on the map of AT&T cell tower locations – our Vizcaya townhouse community located right in the middle, between other 4 AT&T cell towers and according to the presenter there were some gaps in coverage.

In reality, my neighbors, who are on AT&T network - have better signal strength on AT&T than I have on Verizon. They have 4 bars, and I have two.

This is evidence of AT&T network signal strength. The blue circle is the actual location on Vizcaya Way:

And I’ve got similar results about signal strength and data coverage from a resident, who lives in the apartment complex at 2643 S Bascom Ave, Campbell, CA 95008.

3. Close proximity to residential areas and my vulnerability to RF/EMF radiation:

My property, , Campbell, CA 95008 is
60 meters away from proposed
cell tower construction, which is way too close to the tower.

I used to work for Palm/HP I was responsible for data throughput performance testing,

analysis and reports. The client was AT&T. For years I was collecting data points next to the base station (cell tower) and at some distance from it (50, 100, 200, 300, 500 meters) After several years of this work I started having severe headaches, could not sleep well and started losing concentration. Doctors could not find anything wrong with my health at that time.

While working on that project, my co-worker got diagnosed with cancer. 5 years later I was diagnosed with cancer in two areas of my body and I went through hell to survive.

At that point of time, we did not have much information about the way RF/EMF affects the live cell (human body) and we trusted FCC regulations and recommendations.

Later, physicians and researchers started alarming about RF/EMF/MW impact on the human body and in their research publications I found the symptoms I used to experience when I worked near cell towers.

Recent studies have shown that even at low levels of RF/EMF radiation, there is evidence of biological damage, genetic mutations, weakened immune functions, brain tumors, cancer, childhood leukemia, impacts to the nervous system and many others.

Here is an articles based on the recent research:
https://mdsafetech.org/cell-tower-health-effects/
https://www.iaff.org/cell-tower-radiation/

A research study “Cell phone studies and Cancer risk’ from National Cancer Institute:
https://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/cell-phones-fact- sheet#why-has-there-been-concern-that-cell-phones-may-cause-cancer The difference here is that phone uses bursts of energy only when it used. Cell tower emits the RF signal 24/7 non-stop.

Recent scientific research and studies show that 500 Meter buffer from cell towers is recommended. https://mdsafetech.org/cell-tower-health-effects/

4. Risks:

My property is located at 60 meters away from the tower.

The apparent complex 2643 S Bascom Ave, Campbell, CA 95008 even closer, 10 meters away from the proposed cell tower construction.

Apartment complex at 2643 S Bascom Ave, Campbell, CA 95008 is not a hotel or motel, it is rental property, managed by Orvick Management
Group: http://www.rentingomg.com/index.html
The apartment complex has 41 units and close to 100 people Some residents have been living there for 12 years. There are a number of young families with children. And all these people will be affected by the severe RF/EMF radiation generated by the cell tower.

We have schools nearby as well:

Skylar Hadden School (school for kids with special needs) located at 2720 S Bascom Ave, San Jose, CA 95124
Retirement homes that are less than 400 meters away, daycares, all of them will be affected by the RF radiation transmitted by the cell tower. https://ehtrust.org/health-effects-of-cell-towers-near-homes-and-schools/ If I remember correctly, city planning has some restrictions about close proximity to residential areas. Please review those limits because you will put our health and lives at risk.

5. Quality of living:

When I was ready to buy a home, one of the requirements was the distance to the cell tower. I would never buy a home near the cell tower. So, I found a lovely home, where I was planning to retire.

But with this cell tower installation so close to my property I’ll be forced out of my home just because my body is vulnerable to RF/EML.

Placing the cell tower 60 meters away from my primary residence is literally signing me to death row with years of suffering before that.

6. Property value:

Property value will decline due to close proximity to the cell tower.

Here is what I found about declining property value near the cell tower in Palo Alto.

Propery value was reduced by
20%
https://www.emfanalysis.com/property-values-declining-cell-towers/ I worked all my life paying a mortgage so I have some quality life in the nice, quiet, resort- like neighborhood. The construction of a cell tower this close to my home will take everything away from me. Literally everything I work for my entire life.

This is not right.

Please understand that I’m not against the cell tower construction.

I’m against construction of the cell tower in close proximity to the residential areas.

Campbell has many open and commercial areas where cell towers can be easily installed at safe distances.

Please move the construction of the cell tower to a different location.

Sincerely,
Victor Moiseyev

Useful Links about recent studies and RF radiation related issues:
https://mdsafetech.org/cell-tower-health-effects/
https://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/cell-phones- fact-sheet#why-has-there-been-concern-that-cell-phones-may-cause-cancer https://www.recorder.com/my-turn-Carpenter-Ashfield-MUST-TUESDAY-39137782 https://ehtrust.org/health-effects-of-cell-towers-near-homes-and-schools/ https://ehtrust.org/cell-towers-and-cell-antennae/compilation-of-research-studies-on- cell-tower-radiation-and-health/
https://www.fcc.gov/ecfs/search/search-filings/filing/1061860178192 https://defendershield.com/us-court-decides-fcc-wireless-radiation-safety-standards- need-to-be-updated-aug-2021
From: Kalexandra
To: Clerks Office; Anne Bybee; Elliot Scozzola; Dan Furtado; Sergio Lopez; Kalexandra Subject: Important information regarding planned construction of Wireless Cell Tower Date: Sunday, July 14, 2024 10:34:32 PM
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July 14, 2024

Dear City Council Members;
I am writing you with absolute objection to the location of the planned Wireless Cell Tower at 2633 S. Bascom Ave, Campbell, CA 95008.

We are gravely concern for the wellness of our health and how being too close in proximity to a wireless tower will reduce our property values.

I am a long-time resident living very close in proximity to the planned construction of this tower. We are within 200 yards. There was no previous notification from the planning commission, nor city Council, literally no one from any agency notified the residents of the Vizcaya Homeowners Association, which if so would have given us an opportunity to have some impute to the City Council. We found out just in the last couple of days from a neighbor who happened to learn about the planned wireless tower.

We are pleading with you to reconsider a different location for the tower in an area that does not affect residents while in their homes. There is a private pre- school which is also in close proximity to the proposed tower.

Considering our community had no notice of the planning location for the wireless tower we were then prohibited from voicing our concerns to the City Council, therefore We are petitioning for the City Council to reconsider the Wireless Tower to be relocated away from our residential community.

Respectfully submitted
Kim Nettleman

From: Ute Ren
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: Cell tower proposal on Bascom Ave in Campbell
Date: Sunday, July 14, 2024 10:22:55 PM
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To whom it may concern,
My name is Ute Ren. I am living with my family on
Our property is only 58 meter ( 190 feet ) from the proposed cell tower away. We are concerned about the negative impact on our health.

In regard of the extreme proximity of the planned cell tower our anxiety level is very high.

I am quoting the German Federal Office for Radiation :
“ As mobile phone technology is still a relative new technology , long term observations are only available to a limited extend. There are also no long term studies on children.”

There will always be the nagging feeling of anxiety due to the unknown risk of exposure of radiation. It is negligent to say we have limited data, so let’s proceed with the tower. I don’t want to be the guiana pig for future generation, to eventually find out in 20 years that there are long term effects of living near this proximity of a cell tower.

There is insufficient research to rule out any negative impact on humans health. I urge you to consider your decision process to not allow the cell tower to be build in a residential area where it is exposing hundreds of people to an unknown health risk.

Sincerely
Ute Ren

From: Vanitha V
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Cc: A S; Eshita Sinku; Vanitha V
Subject: Urgent Concern: Proposed 75ft Cell Tower Near Residential Area, File No. PLN-2024-103 Date: Sunday, July 14, 2024 9:45:03 PM
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Ankura Sinku, Vanitha Venkateshlu & Eshita Sinku
The City Council of the City of Campbell
70 North First Street, Campbell
CA 95008
Dear Sergio Lopez, Daniel E. Furtado, Elliot Scozzola, Anne Bybee & Andrea Sanders, We are writing to express our urgent opposition to the proposal to install a cell tower near our residential area, which we only recently learned about yesterday. As concerned residents of , Campbell, we feel compelled to voice our collective concerns regarding this matter.

The proposed location of the cell tower, only 460 feet away from our home, raises significant apprehensions. Foremost among these concerns is the potential health impact on residents due to prolonged exposure to electromagnetic radiation emitted by cell towers.

Additionally, there are serious environmental and aesthetic

considerations. Our
neighborhood prides itself on its tranquil residential atmosphere, and the introduction of a large cell tower would undoubtedly disrupt this character and potentially diminish property values.

Given the recent revelation of this proposal, we urge the city council to reconsider the location and explore alternatives that are farther away from residential areas. It is crucial that the council prioritize the health and concerns of its residents in making this decision. Transparent communication and meaningful community engagement throughout this process are also essential to ensure that our voices are heard and our concerns addressed.

Thank you for considering our perspective on this critical issue. We look forward to your response and to learning more about how the council plans to proceed.

Sincerely,
Ankura Sinku
Vanitha Venkateshlu

Eshita Sinku
Samiksha Sinku

From: Ozge Ozbek
To: Anne Bybee; Clerks Office; Dan Furtado; Elliot Scozzola; Sergio Lopez Subject: Objection to Proposed Cell Tower Development at 2633 S Bascom Ave Date: Sunday, July 14, 2024 9:36:18 PM
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Dear Vice Mayor Lopez, Council-member Furtado, Council-member Scozzola, Council- member Bybee, and City Clerk Sanders;
I am writing to formally object to the proposed development of a cell tower at 2633 S Bascom Ave, which is approximately 200 meters from my residence at Campbell 95008. My husband, myself and our 10 month old baby moved in to this property end of May, after purchasing it in April 2024. My family and I only recently became aware of this development.

Health Concerns:

Numerous scientific studies have raised concerns about the potential health risks associated with prolonged exposure to radiation from cell towers, particularly for young children. The World Health Organization has classified radiofrequency electromagnetic fields as possibly carcinogenic to humans (Group 2B). As a parent, the safety and well-being of my 10-month- old baby are my utmost priorities.

Impact on Property Value:

It is well-documented that the presence of cell towers can lead to a decrease in property values. Studies have shown that properties in close proximity to cell towers can experience a significant drop in market value, which would not only affect my family but also my neighbors.

Inadequate Public Notification:

The late awareness of this development raises serious concerns about the adequacy of the public notification process. As a new homeowner, I relied on being properly informed about any significant developments that could affect the health, safety, and property values in my neighborhood. The lack of effective communication about this cell tower has led to my uninformed purchase of this house.

Placing a commercial cell tower in a predominantly residential neighborhood disrupts the character of the area and grants special privileges to the developer at the expense of the community.

Given the significant oversight in adequately informing the community, I respectfully request that the city council reconsider the approval of this cell tower development.

Thank you for your attention to this important issue. I look forward to your response.

Sincerely,
Nilay Ozge Ozbek and Cem Akkaya

From: Ashi Majid
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: Subject: Proposed 75 foot cell tower very near my house Date: Sunday, July 14, 2024 9:35:59 PM
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Dear City Council Members and the City Clerk:

I currently reside at .

My wife Therese Powers and I
have been living here since 1994.

We very much enjoy the quiet and very clean environment this area has provided us over the last 30 years.

Without any notice provided over the last few months, I learned from a neighbor today that a 75 foot cell tower
is being built within a few feet from my house at ,
Campbell, CA 95008.

I had no idea this had been planned by some business people.

This is
very disturbing. My wife

and I are both

over 75 years old.

We both have health issues
related to our age. My wife especially has to stay home 24

hours

a day

due to her illnesses.

Having a cell tower so close to our home will have a devastating effect on our health, especially my wife who has chronic coughing issues, due to

the constant radiation
emission from this cell tower.

It is a known fact that cell towers emit enough

radiation to
cause serious health for people living in the vicinity of the towers..

We have our grandkids

visiting us 3 to 4 days a week. They are all young kids ranging from 5 to 16 years old. One of our grandkids has special needs and any kind of bad environment, such as radiation from these cell towers will be very detrimental to her health.

Our neighborhood situated within a few feet of this proposed cell tower is mostly comprised

of senior people (as a matter of fact there are 2 senior housing complexes within feets of this proposed tower). The radioactive rays from this proposed cell tower will be very damaging to our health.

I strongly recommend that the construction of this tower be denied and not allowed in any residential area.

Thank you for your serious consideration of this matter and request.

Regards
Ashi Majid

Mobile:
email;

From: Donna Tombor
To: Ser; Dan Furtado; Ser3; Anne Bybee; Clerks Office
Subject: Proposed cell Tower - 2633 S Bascom Ave.

Date: Sunday, July 14, 2024 9:35:36 PM
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________________________________
Dear Vice Mayor, City Council Members, and City Clerk,
I was

informed

on 07/13/24 of a proposal to erect a 75 foot cellular tower at 2633 S Bascom Avenue by a neighbor.

This comes as a complete surpris as I did not receive any notification from the city.

I strongly urge you to
reconsider as this is a dense residential neighborhood. I live at . This I believe would be within 200 meters of my home where I lived for 26 years.

I am elderly and my daughter and her two young children live with me. I have health concerns for us and our neighbors. I have no information to assess its safety.

My husband I moved to the Vizcaya neighborhood partly because of its asthetic beauty, serenity and safety. We purposely avoided any neighborhoods with towers near by.

I respectfully request that you reject this location and find a commercial area away from residential homes.

Thank you for your consideration.

Donna Tombor

From: David Picone
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: 75-ft cell tower @Bascom & Union
Date: Sunday, July 14, 2024 7:34:19 PM
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Hi Council Members,
I am contacting

you to express my opposition

to the planned

75-ft cell tower

@

Bascom & Union in Campbell. I own and reside in a home within the Vizcaya community which is less than ~200m from the proposed

location. This tower is not only a health

hazard,
but also negatively impacts the value of the homes within its

radius.

I understand

the Campbell Council is in tune with its residents, and prides themselves on doing

what is best for the community.

I trust the council will take the time to review the
feedback coming from residents, and update development plan accordingly.

--
David Picone

From: JaDell Schadewitz
To: Sergio Lopez
Cc: Charlie; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: 75 ft cell tower at 2633 S Bascom ******
Date: Monday, July 15, 2024 1:41:11 PM
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To the Campbell City Council,
I live at Campbell, CA 95008, and was just informed of the

plans to build a 75 ft cell
tower at 2633 S Bascom, which is approximately 200 ft from my unit. I am extremely concerned, not only that we were not informed that this was in place to be constructed, but for the safety of our health and our neighbors.

Exposure to high levels of RF waves can be harmful. We respectively ask you NOT to construct the cell tower.

Best Regards,
JaDell Schadewitz

From: Charlie Schadewitz
To: Sergio Lopez
Cc: Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office; jadell schadewitz Subject: 75 ft cell tower at 2633 S Bascom ******
Date: Monday, July 15, 2024 2:15:11 PM
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Hi Campbell City Council.

My wife and I live at Campbell, CA 95008.

We have been informed of the

plans to build a 75 ft cell tower at 2633 S Bascom, which is a couple of hundred feet from our house.

I am extremely concerned, not only that we were not informed that this was in place to be constructed, but for the safety of our health and our neighbors.

We ask you to
deny the permit to build this tower
Cheers,
Charlie Schadewitz

From: Victoria Hwang
To: Clerks Office
Subject: Request to revert approval of 2633 S. Bascom Ave 75-foot cell tower Date: Monday, July 15, 2024 2:35:09 PM
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Dear City Clerk Sanders,
My name is Victoria Hwang and I am an owner of
, Campbell CA
95008. On July 11, 2024 I was alerted by a neighbor of our community that there are plans to install a 75-foot cell tower at
2633 S. Bascom Ave.

This is less than 400 feet
from my house.

I am writing to express my opposition to the installation of this tower there.

My reasons are the following:
1) The parties involved in this proposal have not reached out to residents of our community, who would be directly affected by this tower. We, as a community, need time to understand the implications of such tower, on our health, property value, and urban aesthetics of the area.

2) The proposal is to build a 75-foot tower. The city zoning only allows for 35-foot structures.

3) The proposed tree camouflage structure is completely ineffective. The tallest trees nearby are palm trees, which are on average 50 feet tall. A 75-foot tree would be 50% taller than the tallest trees around, and would therefore be incredibly disruptive of the area’s landscape. In addition, eucalyptus trees do not exist in this area, and the flat- top, tubular shape of the proposed structure is botanically unrealistic.

My biggest concern right now is the fact that this project has been approved without properly informing residents of the area (reason 1). My husband and I bought this property in March of this year, and have been excited to settle in and become long time residents. With this proposed tower structure, we are now concerned about how this will affect us. Not only do we expect our property value to decrease, potentially putting us immediately under water, but I am also worried about the health implications. Much of the narrative online is overly simplistic, and we need time to truly understand the evidence of what living so close to such a large cell tower does to health. I received my Bachelor’s in Chemical Engineering from Princeton University and my PhD in Applied Physics from Harvard University, and as a scientist, I strongly believe that a potentially irreversible decision like this needs thorough understanding of all potential outcomes.

Given the reasons outlined above,
I request the City of Campbell to revert the
approval of this project
and enforce the proper steps needed for a project of this magnitude, in particular those steps regarding open transparency and communication

to the affected community.

Thank you very much.

Best regards,
Dr. Victoria Hwang
From: Ramin Naderzad
To: Sergio Lopez; Dan Furtado; Elliot Scozzola; Anne Bybee; Clerks Office Subject: Urgent Opposition to Planned Cell Phone Tower Installation Near Residential Community Date: Monday, July 15, 2024 12:46:40 PM
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Dear Sergio Lopez, Daniel Furtado, Elliot Scozzola, Anna Bybee, and Andrea Sanders,
I am writing to express my strong opposition to the proposed construction of a 75ft cell phone tower within 300 meters of our residential community. As a concerned resident, I am deeply troubled by both the lack of notice provided to us regarding this installation and the significant negative health implications associated with living near cell phone towers.

First and foremost, I am very disheartened by the fact that no formal notice or communication was given to the residents about this planned cell tower installation.

Transparency and community involvement are critical in matters that directly impact the health and well-being of residents. The absence of proper notification is not only troubling but also undermines the trust between the community and those responsible for such decisions. We deserve the opportunity to voice our concerns and be involved in discussions that affect our immediate environment.

Secondly, the potential health risks associated with living in close proximity to cell phone towers are well-documented and alarming. Numerous studies have indicated that prolonged exposure to the electromagnetic radiation emitted by these towers can lead to various adverse health effects. According to a study published in the International Journal of Environmental Research and Public Health, individuals living within 300 meters of cell phone towers experienced significantly higher rates of headaches, sleep disturbances, and cognitive impairments compared to those living farther away (Khurana et al., 2010). Additionally, the World Health Organization (WHO) has classified radiofrequency electromagnetic fields as possibly carcinogenic to humans (Group 2B), highlighting the potential long-term risks associated with exposure.

The installation of a cell phone tower in such close proximity to our homes poses an unnecessary risk to the health and safety of our community members, especially vulnerable populations such as children, the elderly, and individuals with pre- existing health conditions. It is imperative that we prioritize the well-being of our residents and explore alternative solutions that do not compromise our health.

In light of these concerns, I urge you to halt the construction of the cell phone tower and initiate a thorough review of its potential impacts on our community.

Furthermore, I request that a transparent and inclusive process be established to ensure that residents are adequately informed and given the opportunity to participate in decisions that affect our living environment.

I trust that you will give this matter the serious consideration it deserves and take immediate action to protect the health and well-being of our community and children.

Sincerely,
Ramin Naderzad

---
**References:**
- Khurana, V. G., Hardell, L., Everaert, J., Bortkiewicz, A., Carlberg, M., & Ahonen, M. (2010). Epidemiological evidence for a health risk from mobile phone base stations. *International Journal of Environmental Research and Public Health*, 7(5), 2683-2719. DOI:10.3390/ijerph7052683
- World Health Organization. (2011). IARC classifies radiofrequency electromagnetic fields as possibly carcinogenic to humans. Retrieved from [WHO Press Release](https://www.iarc.who.int/wp-content/uploads/2018/07/pr208_E.pdf )

From: Lisa Jacoby
To: Clerks Office
Subject: Concern - Proposed Cell Tower 2633 S. Bascom Avenue Date: Monday, July 15, 2024 5:20:27 PM
Attachments: Image 6-26-24 at 12.23 PM (1) (1).heic
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Hello Ms Sanders,
I am the owner of a home at in Campbell, roughly about 500 feet from this proposed cell tower at 2633 S. Bascom Avenue.

I was never informed

of this proposed
plan in our neighborhood until after it was voted on by the city of Campbell.

From what I
have learned, this project was proposed as being in an industrial neighborhood, but it clearly borders numerous homes just feet away, and they have also stated that there is a hotel next to it, but is actually an apartment complex.

This project feels very "back room" and secretive,
and not good for our neighborhood.

I am a mother of two children and very concerned about
the radiation exposure emitted from the tower as well.

Please consider this note as a strong
recommendation to look more closely at this proposal, and help do the right thing for my neighborhood.

Thank you,
Lisa Jacoby

From: Julie Campbell
To: Clerks Office
Subject: 75Ft Cell Tower Proposed
Date: Monday, July 15, 2024 5:58:38 PM
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To Andrea Sanders, City Clerk

I live in the Vizcaya neighborhood approximately 850ft from where this tower is proposed to be located.

We ask you to support us in preventing this cell installation and any future wireless installations near our parks, schools, and homes. Please help us to put an end to this ongoing community threat, distracting us from caring for ourselves and our children. We ask you to keep cell towers out of our neighborhood communities and away from our homes and neighborhood community public space.

HEALTH RISKS ASSOCIATED WITH EXPOSURE TO WIRELESS EMISSIONS While the FCC claims that wireless facilities are safe, the U.S. Department of the Interior states that “the electromagnetic radiation standards used by the Federal Communications Commission (FCC) continue to be based on thermal heating, a criterion now nearly 30 years out of date and inapplicable today.” Other countries now limit public exposure to levels far lower than the standards currently set by the FCC.

Studies have shown that even at low levels of radiation, there is evidence of biological damage, brain tumors, cancer, weakened immune function, childhood leukemia, reduced sperm count and ovarian follicles.

In May 2011, the World Health Organization (WHO) classified the type of radiation that cell towers emit as a Class 2B carcinogen, meaning “possibly carcinogenic to humans”, the same category as lead and DDT.

The American Association of Pediatrics raises concerns that children may be more vulnerable than adults “because of the potentially greater susceptibility of their developing nervous systems; in addition, their brain tissue is more conductive, radio frequency radiation penetration is greater relative to head size, and they will have a longer lifetime of exposure than adults.”

NEGATIVE IMPACT ON PROPERTY VALUES
The health hazards and unsightliness of these installations will have a negative impact on property values. The perceived threat alone would lower property values. The U.S. Department of Housing and Urban Development (HUD) guidelines categorize cell towers with "hazards and nuisances," and HUD requires its certified appraisers to take the presence of nearby cell towers into consideration when determining the value of single-family residential properties. Studies have shown that proximity to a cell tower can lower property values from 5 to 20%.

Allowing this cell tower will set a precedent allowing for co-location and additional towers in our neighborhood community and neighboring communities.

Once a site is established, our ability to
protect ourselves from additional hazardous exposure of more installations becomes more of a challenge.

Are residential areas covered by cell towers what we want for our future neighborhoods?

Thank you for your consideration and attention to this important matter.

Julie Campbell

From: Jennie Shikashio
To: Clerks Office
Subject: Opposition to cell phone tower
Date: Tuesday, July 16, 2024 2:56:06 AM
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Hello,
We are writing this in regard to the proposed 75 ft tall cell phone tower installation at 2633 S. Bascom Ave. Our house is located at which is three houses in from Union Ave. We did not know of this proposed plan and are opposed to it.

Our main concerns are:
- The strip mall at the site was voted one of the ugliest in Santa Clara County and is already an eyesore. Adding a cell phone tower will make it even worse.
- The effect on property value - Studies have shown that property values are negatively affected on homes located within 1000 feet of cell phone towers.
- The possible health effects of RF radiation emitted from the tower - Though the emission levels

are low, long-term
effects are still unknown. Some studies have shown an increased risk of cancer, sleep issues, headaches, biological damage, reproductive health issues, weakened immune systems, etc. - There is also a safety concern with having a tower so close to apartments and houses. There's a risk of it catching fire or toppling over during a storm.

Would you want one located near your home?
Sincerely,
Jennie and John Shikashio

From: TERRY MCELROY
To: Clerks Office
Subject: proposed cell towner near Vizcaya
Date: Tuesday, July 16, 2024 10:14:44 AM
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The only thing between me and the proposed cell tower is the Vizcaya Apartments. We have a beautiful subdivision of high end townhouses that are approximately 28 feet high. The proposed tower will be looming 75 feet in our view. If you have any hope of ever redeveloping the corner of Union and Bascom you are dooming future development to a substandard undesirable industrial property. The cell tower probably with a lengthy lease will prevent a good beautiful project from going forward. I would like to see the City Council to exercise forward thinking and planning for the future development of the corner.

Terry McElroy
--
Regards,
Terry McElroy, broker
McElroy Properties
15750 Winchester Blvd Suite 101
Los Gatos, Ca 95030
BRE#00495447
408-966-9661
From: Soeren Brandt
To: Clerks Office
Subject: Opposing construction of a wireless facility tower on 2633 S. Bascom Ave, Campbell CA Date: Monday, July 15, 2024 4:26:56 PM
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Dear Clerk Sanders,
My name is Soeren Brandt and I own
CA 95008 with my wife.

We oppose the construction of a 75-ft wireless facility tower on 2633 S. Bascom Ave, Campbell CA.

On July 11, 2024 we were informed by our neighbor that the city plans to allow the construction of a 75-ft cell tower at 2633 S. Bascom Ave less than 400ft from our home. I am worried about the potential
negative health effects of cell phone towers at close proximity, especially cancer (see
here and here). The proposed structure at 75 feet is more than double the city zoning limit of 35 feet which suggests to me that the intended range and power of the cell phone tower is even higher,

exacerbating the health and cancer risk.

Furthermore, I am appalled that we have not been informed prior to approval of the proposed structure. The community deserves to be given time and transparency into the construction of cell phone towers. We were not given time to research and understand the risks and benefits of the proposal and the process was treated almost secretively.

I therefore ask that you

help

to
revert the approval of this construction

until the community has been given time and
detailed information about

the cell phone tower to be constructed.

Thank you very much.

Kind regards,
Dr. Soeren Brandt

To: Honorable Mayor and City Council

Date: July 16, 2024
From: Andrea Sanders, City Clerk
Subject: Desk Item 9 – Public Comments

Attached are public comments received in the City Clerk’s Office related to Item 9 – 251 Llewellyn Avenue.

City of Campbell

MEMORANDUM
City Clerk’s Office

From: Carolyn Field
To: Clerks Office
Subject: For Public Comment - Item #9
Date: Monday, July 15, 2024 10:54:39 AM
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________________________________
Dear Council Members,
I am in support of the proposed 108-unit housing project at 251 Llewellyn.

Thank you,
Carolyn Field
Jul 16, 2024
CityofCampbellCityCouncil70N.FirstSt.Campbell,California95008 Re:ProposedResidentialProjectat251LlewellynAvenue(PLN-2023-164) Byemail:[email protected];[email protected];[email protected];[email protected];[email protected] Cc:[email protected];clerkso[email protected];cmo[email protected];[email protected] DearCampbellCityCouncil,
TheCaliforniaHousingDefenseFund(“CalHDF”)submitsthislettertoremindtheCouncilofitsobligationtoabidebyallrelevantstatelawswhenevaluatingtheproposed108-unithousingdevelopmentproject,whichincludes16below-marketrateunits,at251LlewellynAvenue.TheselawsincludetheHousingAccountabilityAct(“HAA”),theDensityBonusLaw(“DBL”),andCaliforniaEnvironmentalQualityAct(“CEQA”)guidelines.

TheHAAprovidestheprojectlegalprotections.Itrequiresapprovalofzoningandgeneralplancomplianthousingdevelopmentprojectsunlessindingscanbemaderegardingspeciic,objective,writtenhealthandsafetyhazards.(Gov.Code,§65589.5,subd.(j).) TheHAAalsobarscitiesfromimposingconditionsontheapprovalofsuchprojectsthatwouldreducetheproject’sdensityunless,again,suchwrittenindingsaremade.(Ibid.) Asadevelopmentwithatleasttwo-thirdsofitsareadevotedtoresidentialuses,theprojectfallswithintheHAA’sambit,anditcomplieswithlocalzoningcodeandtheCity’sgeneralplan.Increaseddensity,concessions,andwaiversthataprojectisentitledtoundertheDBL(Gov.Code,§65915)donotrendertheprojectnoncompliantwiththezoningcodeorgeneralplan,forpurposesoftheHAA.(Gov.Code,§65589.5,subd.(j)(3).) CalHDFalsowritestoemphasizethattheDBLoerstheproposeddevelopmentcertainprotections.TheCouncilmustrespecttheseprotections.InadditiontograntingtheincreaseinresidentialunitsallowedbytheDBL,theCouncilmustnotdenytheprojectthe22proposedwaiversandoneconcession,unlessitmakeswrittenindingsasrequiredbyGov. 360GrandAve#323,Oakland94610www.calhdf.org

Code,§65915,subd.(e)(1)thatthewaiverswouldhaveaspeciic,adverseimpactuponhealthorsafety,andforwhichthereisnofeasiblemethodtosatisfactorilymitigateoravoidthespeciicadverseimpact.

Additionally,theprojectisexemptfromenvironmentalreviewpursuanttoCEQAGuidelines§15183(ProjectsConsistentwithaCommunityPlanorZoning).CEQAGuidelines§15183mandatesthatprojectsconsistentwiththedevelopmentdensityestablishedbyexistingzoning,communityplan,orgeneralplanpoliciesforwhichaFinalEnvironmentalImpactReport(FEIR)wascertiied(inthiscasetheEnvisionCampbellGeneralPlanAndHousingElementUpdate)shallnotrequireadditionalenvironmentalreview,exceptasmightbenecessarytoexaminewhetherthereareproject-speciicsigniicanteectspeculiartotheprojectoritssite.AndrecentcaselawfromtheCaliforniaCourtofAppealafirmsthatlocalgovernmentserr,andmaybesued,whentheyimproperlyrefusetograntaprojectaCEQAexemptionorstreamlinedCEQAreviewtowhichitisentitled.(HilltopGroup,Inc.v.CountyofSanDiego(2024)99Cal.App.5th890,911.) Finally,SB330(Gov.Code,§65589.5(o)(1))prohibitsacityfromapplyingordinances,policiesandstandardsadoptedaftertheproject’spreliminaryapplicationisdeemedcomplete.

Asyouarewellaware,Californiaremainsinthethroesofastatewidecrisis-levelhousingshortage.Newhousingsuchasthisisapublicbeneit:byprovidingaordablehousing,itwillmitigatethestate’shomelessnesscrisis;itwillbringnewcustomerstolocalbusinesses;itwillgrowtheCity’staxbase;anditwillreducedisplacementofexistingresidentsbyreducingcompetitionforexistinghousing.Itwillalsohelpcutdownontransportation-relatedgreenhousegasemissionsbyprovidinghousingindenser,moreurbanareas,asopposedtofarther-flungregionsinthestate(andoutofstate).Whilenooneprojectwillsolvethestatewidehousingcrisis,theproposeddevelopmentisastepintherightdirection.CalHDFurgestheCounciltoapproveit,consistentwithitsobligationsunderstatelaw.

CalHDFisa501(c)3non-proitcorporationwhosemissionincludesadvocatingforincreasedaccesstohousingforCaliforniansatallincomelevels,includinglow-incomehouseholds.YoumaylearnmoreaboutCalHDFatwww.calhdf.org.

Sincerely,
DylanCaseyCalHDFExecutiveDirector
2of3
JamesM.LloydCalHDFDirectorofPlanningandInvestigations
3of3

From: Michael Stevens
To: Clerks Office
Subject: For Public Comment: In Support of ~20 Units/Acre Plan - 251 Llewellyn Site Date: Monday, July 15, 2024 1:09:42 PM
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This concerns item #9 on the agenda: the final approval of the medium-density (20 units/acre) plan for the 251 Llewellyn site.

My wife Dana and I are two of the community members who were adamantly vocal about not building extraordinarily high-density (60+ units/acre) on that site, as that obviously would not have fit within this neighborhood, nor is there infrastructure (retail, etc.) to support that much housing tucked into that corner.

While we are not super thrilled with the 20 units/acre plan that is being proposed for approval tonight, we are in violent agreement and support
that it is the best option available to us —
and certainly MUCH better than previous proposals.

We are hopeful that with the development of higher-density housing along the Hamilton/17 corridor and other similar sites close to light rail, public transportation, retail, and other infrastructure, the City of Campbell can meet its housing requirements without fundamentally changing the “small town feel” of the city.

For the record, my wife and I are in support of the ~20 unit/acre plan.

Thank you.

Michael & Dana Stevens
251 Llewellyn Ave • Campbell, CA 95008 • (408)379-3790 • www.PacificClinics.org July 16, 2024
City of Campbell C ity Council
70 N. First Street
Campbell, CA 95008
RE: July 16th City Council Meeting, item # 9 hearing for 251 Llewellyn Ave. housing development
To Mayor Susan Landry and the Members of the City Council:

On behalf of Pacific Clinics (property owner), we wish to wholeheartedly express our support for the PulteGroup, Inc. development project. It has been over 3.5 years for this process to come to fruition. Pacific Clinics' current site will provide much needed housing for the community and our sale to the PulteGroup is important to our mission of continuing our much-needed local behavioral health service to those who need it most.

Thank you in advance, and we ask that you support the Planning Commission's recommendation to approve the project.

Sincerely,
Don Taylor
Regional Executive Director

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